The plaintiff, who alleged he was falsely accused of sexual assault, established the presumption of openness to judicial proceedings was outweighed by other factors, including the sensitive nature of the subject matter and the risk of retaliation to the plaintiff, ...

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

Where a suit between a company and Wells Fargo is pending in state court, the plaintiff cannot pursue its claims against in federal court as well. Background Property Damage Specialists brought this suit to recover money it alleges it is ...

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

In a sex trafficking conspiracy trial, the government may introduce threats made by the defendant to victims and others. Background This case is set for a seven-day trial beginning Oct. 15, 2018. At the pretrial conference held on Oct. 9, ...

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

The court rejected virtually all of the post-trial motions filed by a doctor, finding there was sufficient evidence for the jury to convict him on nearly 70 counts of acquiring and possessing controlled substances by misrepresentation, fraud, forgery and deception. ...

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

A training company showed it was likely to prevail on its claim that a former employee, who went to work for one of its clients,  breached a restrictive covenant,  and is entitled to injunctive relief. Background TechINT provides intelligence and ...

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

The court denied  a jail’s summary judgment motion on an inmate’s claims that his skin irritation was a serious medical need and the nurses were deliberately indifferent to his condition. Background Toby Joe Barley, a Virginia inmate proceeding pro se, ...

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

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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

Although a former JMU student prevailed on his due process challenge to the school’s discipline process, his requested fees were severely reduced because of duplication of effort and relative lack of success. Background This case involves a due process challenge ...

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

A federal judge in Harrisonburg has ruled that a Virginia-based drone company could seek to enforce a nonsolicitation agreement and entered an injunction against an ex-employee. But the enforcement effort was stayed after the man filed for bankruptcy in Maryland ...

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

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