Where a commonwealth’s attorney disclosed the fact that a psychiatric patient had psychological issues and had not taken his medication on the day he was shot by a hospital security guard, the patient’s guardian was unable to state a claim ...

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

Where two tree-sitters occupying certain parcels of land possession which had been granted to a company to construct its planned pipeline route, the company was not allowed  to join them in condemnation action because defendants did not have an actual ...

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

The court concluded there was sufficient evidence to support the convictions for sex trafficking and related drug counts. However, as a result of a Fourth Circuit decision issued after trial and post-trial briefing, the court granted the defendant’s motion for ...

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

Where the addition of a new defendant destroyed the court’s diversity jurisdiction and the plaintiff had already obtained a preliminary injunction against another defendant, the non-diverse defendant was severed from the case because, despite having an agency relationship with a ...

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

A CEO whose company employed a person allegedly bound by restrictive covenants has been sued by the former employer for tortious interference with contract and business expectancies, statutory conspiracy and aiding and abetting a breach of fiduciary duty. Background The ...

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

A case involving an allegedly defective hip implant is returning to state court after the court held that certain defendants were not fraudulently joined. Because the presence of those defendants destroyed diversity jurisdiction, the court returned the case to state ...

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

An insurance company was not required to cover the loss of a yacht that sank after the owner failed to winterize it properly in accordance with the manufacturer’s instructions because the insurance policy covering the yacht explicitly excluded coverage for ...

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

Because there were disputed issues of material fact on multiple claims, including one for violation of the Defend Trade Secrets Act (DTSA), a jury will decide if a former employee misappropriated trade secrets or misused confidential information and used them ...

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

A witness who has a “direct financial interest” in the outcome of the case has a “clear bias” that precludes him from testifying as an expert witness. Background David Steffens, along with Williams Ellis, founded Keystone Transportation Solutions LLC, and ...

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

A wife alleging her now deceased and often-estranged husband fraudulently transferred marital assets to a trust can pursue her claims in federal court. Because the federal court complaint was filed before the probate court obtained jurisdiction over the property, the ...

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