Where the removing party in an insurance coverage declaratory judgment action could not show that there was clear diversity among the parties, the case was remanded to state court. Background This matter is a declaratory judgment action filed by State ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

Where information about the banks’ realty-referral programs was publicly disclosed, that information was the subject of the relators’ suit and the relators weren’t original sources, their False Claims Act suit was dismissed. Background Relators are real estate agents who allege ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Where the record showed a manufacturing manager was terminated because of a consistent increase in the number of Occupational Safety and Health Administration, or OSHA, recordable injuries at his plant, his age discrimination claim failed as a matter of law. ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a construction subcontractor was sued for not paying overtime and/or minimum wage to its workers, its third-party indemnification complaint against labor brokers was dismissed because indemnification claims are preempted by the FLSA. Background This is an action alleging that ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the federal court applies federal substantive law in condemnation cases, and the court previously ruled that the federal interest rate would apply to an award in a condemnation case involving the Mountain Valley Pipeline, the landowners’ claim for interest ...

Tagged with: Commercial Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the first suit filed by a former Department of Veterans Affairs employee was dismissed more than one year after she was warned that her failure to serve all defendants would result in dismissal, and she waited 104 days to ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a subcontractor providing laundry and linen services to a general contractor under that party’s contract with the University of Virginia sought liquidated damages and attorneys’ fees when its subcontract was ended early after UVA terminated the main contract, its ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the defendants were sued for negligently recommending a company to transport show horses, one of which was injured in an automobile accident, the claim failed because there can be no negligent hiring claim where there is no injury to ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Where the former line mechanic for a power company could no longer perform the essential functions of his position because of his shoulder injury and restrictions associated with his surgery, his failure to accommodate claim failed as a matter of ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

A federal jury awarded a Roanoke County couple $430,000 in an eminent domain case on May 14, the first such verdict among cases related to the Mountain Valley Pipeline project. The verdict was reached after a four-day trial in federal ...

Tagged with: Judge Elizabeth K. Dillon Mountain Valley Pipeline