March 23, 2020
Comments Off on Scope of experts’ testimony at condemnation trial is clarified
In a trial over damages for land taken for an easement required for construction of a natural gas pipeline, the landowners’ expert may testify about the high demand for residential subdivisions, but cannot testify about the stigma attached to pipelines, ...
Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District
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March 9, 2020
Comments Off on Court vacates rulings on experts after settlement
A federal judge has vacated an opinion on the handling of expert witnesses after the parties settled and together requested the opinion be removed from the record. The judge had excluded experts on both sides of a property valuation dispute ...
Tagged with: Civil Procedure Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 28, 2020
Comments Off on Foreclosure action does not violate discharge order
A Chapter 7 discharge is no impediment to a bank’s pursuing an action against the owner of real property because the bankruptcy did not void the deed of trust. Background In 2010, Dale Gene Hall and Rebecca Lind Thompson-Hall purchased ...
Tagged with: Bankruptcy Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 17, 2020
Comments Off on Compensation determined for pipeline easement
The landowners’ bid to delay a trial over compensation for a natural gas pipeline easement failed, as did their untimely effort to supplement discovery. Moreover, because the landowners failed to provide admissible evidence that the amount of just compensation exceeds ...
Tagged with: Commercial Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 17, 2020
Comments Off on Alleged assault at spa not within scope of employment
A woman failed in her attempt to hold a spa owner liable for an alleged sexual assault by a masseuse because she could not show his conduct was within the scope of his employment. Background Krysten Lett alleges that Wesley ...
Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District
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February 17, 2020
Comments Off on Drug defendants lose bid to sever trial
Where the government’s evidence applied to the actions of multiple defendants, limiting instructions could protect their rights and judicial economy favored one trial, three defendants’ motions to sever were denied. Background On Sept. 3, 2019, a grand jury returned a ...
Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 17, 2020
Comments Off on Search warrant affidavit was proved unreliable
Where an affidavit submitted in support of an application for a search warrant omitted critical information, including that controlled buys were made by two separate confidential informants and any information about the reliability of the informants, and the omitted information ...
Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 17, 2020
Comments Off on Capital One loses bid to stay consumer suit
Capital One Financial Corporation lost its bid to stay a Federal Telephone Consumer Protection Act, or TCPA, suit pending a ruling either from the Federal Communications Commission or the United States Supreme Court on the correct interpretation and application of ...
Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 17, 2020
Comments Off on Binding settlement reached at mediation
Where a homeowner previously agreed to settle her claims for fire damage, the settlement agreement was enforced despite her assertions that Nationwide made false or misleading statements or that the settlement violated her First Amendment rights. Nationwide’s attempt to dismiss ...
Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District
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February 16, 2020
Comments Off on Fired attorneys have quantum meruit claim
Where landowners involved in a condemnation action brought by Mountain Valley Pipeline fired their lawyers without cause, the law firm was found to have a valid and enforceable lien for the work it performed while representing the landowners. The attorneys, who ...
Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District
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