Coles, Red, and Minor Terry were held in contempt of court for interfering with the Mountain Valley Pipeline’s use of easements of which it had been granted immediate possession. Red and Minor were given approximately one day to come down ...

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

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Albert Diaz Judge Diana Gribbon Motz Judge Elizabeth K. Dillon Judge Henry Coke Morgan Jr. Judge J. Harvie Wilkinson III Justice Stephen R. McCullough

A federal judge sanctioned a Virginia business and its attorneys March 23, citing “frivolous claims” and a lack of candor with the court. The sanctions were issued in response to a lawsuit filed on behalf of Nexus Services Inc. in ...

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

Based on frivolous claims and lack of candor with the court, a charitable bond organization and its individual attorneys will be responsible for a Virginia sheriff’s legal fees in defending those claims. Background Plaintiff Nexus Services Inc. is a charitable ...

Tagged with: Attorneys Fees Civil Practice Judge Elizabeth K. Dillon Sanctions Search & Seizure U.S. District Court - Western District

A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s ...

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

An inmate’s claim that officials at Green Rock Correctional Center violated his Eighth Amendment rights by keeping cell lights off for 23 hours per day survived a motion to dismiss. Other claims, including the inmate’s assignment to a top bunk ...

Tagged with: Constitutional Eighth Amendment Judge Elizabeth K. Dillon Prisons & Jails U.S. District Court - Western District

An employee accusing her former employer of Medicare fraud through misreporting of services provided didn’t provide sufficient detail, either of the fraudulent behavior itself or her alleged notice to the employer. Background Plaintiff Kimberly Branscome, a physical therapy assistant, brings ...

Tagged with: False Claims Fraud Health Care Judge Elizabeth K. Dillon U.S. District Court - Western District Whistleblower

This court’s order of Jan. 31 granting Mountain Valley Pipeline immediate possession to numerous easements in the construction pathway of a FERC-approved pipeline was conditioned on its first presenting sufficient additional evidence that satisfies the constitutional requirements of eminent domain. ...

Tagged with: Administrative Constitutional Eminent Domain Environmental Judge Elizabeth K. Dillon Real Property U.S. District Court - Western District

The court held that Mountain Valley Pipeline had the right to condemn affected easements, but could not possess them before determining fair value. On October 13, 2017, the Federal Energy Regulatory Commission issued a Certificate Order authorizing Plaintiff Mountain Valley ...

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

A federal judge rejected two claims of government misconduct before sending a prescription fraud case to trial last week. Washington lawyer John L. Brownlee, a former U.S. attorney for the Western District of Virginia, said his cellphone records had been ...

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