In the absence of guidance from the 4th U.S. Circuit Court of Appeals on the issue, a person who is not actually disabled may maintain certain claims under the Americans with Disabilities Act. Background John Hurd has a medical history ...

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

Volvo showed a likelihood of success on its claim that commercial-truck dealership owners likely violated a right of first refusal in their agreement with Volvo. Background Defendants Truck Enterprises Inc., James E. Hartman, Truck Enterprises Roanoke Inc., Truck Enterprises Lynchburg ...

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

Where an Augusta County deputy sheriff shot a woman’s dog, asserting a claim of self-defense, the deputy’s acts were reasonable and is entitled to qualified immunity. Background Defendant Michael Roane is an Augusta County deputy sheriff. Roane shot and killed ...

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

Where prison officials had a tip that a prisoner was smuggling contraband into the prison and a visitor’s gestures and mannerisms were nervous, a strip-search of the visitor was reasonable. Background Angela Calloway was strip-searched during the course of visiting ...

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

Plaintiff sued the manufacturer of a machine and the company that manufactured a solvent used in the operation of the machine, alleging her exposure to the solvent caused permanent injuries. The court held that, because the record established the plaintiff’s ...

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

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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

On reconsideration, an auto worker’s FMLA retaliation claim can go to trial after all. Having already found fact issues material to his other claims, the court concluded it would be inconsistent not to send the retaliation claim to the jury ...

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

Despite informed consent from both clients, a defendant’s attorney was disqualified from representing her on a drug charge because he had previously represented a material witness for the government. Background In a prior criminal drug prosecution, Defendant Lauren Hoback’s defense ...

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

Rain-induced sediment flows that have overcome Mountain Valley Pipeline’s erosion controls might not recur in the future, especially in light of heightened oversight by state and federal agencies. Therefore, preliminary injunctive relief is not appropriate. Background The Plaintiffs are landowners ...

Tagged with: Environmental Judge Elizabeth K. Dillon Real Estate Real Property Tort U.S. District Court - Western District