Where a driver alleged a road repaving company was responsible for his auto accident, and the parties disputed where the accident occurred and whether the driver switched lanes despite a posted “stay in lane” sign, the company’s motion for summary ...

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

Where a medical expert for a man injured in a motorcycle accident provided an untimely report and a medical expert for a paving company mischaracterized the facts and data he considered in forming his opinions, both doctors were excluded from ...

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

Where a woman alleged no facts to show law enforcement lacked probable cause to arrest her for providing false information, and her own allegations suggested her equivocal response gave the officers probable cause, her false imprisonment claim was dismissed. Background ...

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

Where one expert in a condemnation damages case related to the Mountain Valley Pipeline relied on insufficient and unreliable data, another made unreasonable assumptions and the remaining two did not identify the facts and data upon which their opinions were ...

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

Where some employees of Roanoke city jail who were sued for their alleged role in the death of an inmate removed the case to federal court, the plaintiff was allowed to drop her federal claims, leading to the case being ...

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

Where the government seized cigarettes from a store as part of an investigation into alleged trafficking of contraband cigarettes, and kept them as evidence at trial, the store owners couldn’t sue the government for the value of the cigarettes. Background ...

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

Where the plaintiff timely filed an EEOC charge alleging ongoing retaliation, her termination months later was sufficiently related to that charge because it was the “predictable culmination of defendant’s retaliatory conduct.” Background On June 12, 2017, Sentara RMH Medical Center ...

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

Where a woman received a debt collection letter titled “NOTICE OF SETTLEMENT IN FULL” that stated the account balance was $0.00, her argument that the letter was misleading failed because the least sophisticated consumer would understand the debt was settled ...

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

Where an accountant formed a new company after he filed for bankruptcy protection, and then transferred assets from his prior company to his new practice, the bankruptcy court did not err in finding that the transferred assets were the property ...

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

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