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

In this Title VII complaint alleging a hostile work environment and discrimination in termination, a Roanoke U.S. District Court finds sufficient evidence was presented by a white woman, married to a black man, with five biracial children, to let a ...

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

Plaintiff asserts three defendants failed to comply with the terms of the note and deed of trust on her home and seeks to rescind the sale of her property to a fourth defendant, all four of whom were involved in ...

Tagged with: Creditor's Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

In this lawsuit filed by three plaintiffs against the freight broker that hired a tractor-trailer driver who allegedly caused multiple crashes and the death of two persons and severe injury to a third person, the Roanoke U.S. District Court excludes ...

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

In this dispute between two producers of “wood-alternative decking,” a Harrisonburg U.S. District Court dismisses as “puffery” plaintiff’s Lanham Act claims based on statements that defendant is “number one” and the “preferred premium leader” in product categories, but refuses to ...

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

In this Miller Act suit arising from a subcontract between PAT USA Inc. and VT Milcom Inc. for VT Milcom to provide labor and materials for installation of telecommunications systems in Qatar for a U.S. Army Corps of Engineers project, ...

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