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

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

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

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

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

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

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

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

Where a tractor-trailer driver drank whiskey before he reported for work and was on his delivery route when he struck the plaintiff’s vehicle, he was found to have been acting within the scope of his employment as a matter of ...

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

Where an employee prevailed on one claim under the Americans with Disabilities Act and his employer prevailed on the second ADA claim, the employee’s attorneys’ fees request was reduced and the company received no attorneys’ fees because the employee’s conduct ...

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