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

In responding to discovery requests, a party cannot simply assert that a “document speaks for itself as the best evidence of its contents,” and the Harrisonburg U.S. District Court deems “admitted” certain requests for admission and will award reasonable attorney’s ...

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

Defendants’ assertion that, despite no proper diversity or federal question jurisdiction, their counterclaim against plaintiff provides a basis for federal court jurisdiction does not persuade the Roanoke U.S. District Court, and the case is remanded to Virginia state court. Defendants ...

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

A customer who alleges defendant Wal-Mart knew, during roofing work at the store, of three separate instances of material falling from the ceiling and striking customers, but took no action to protect customers prior to plaintiff being struck by a ...

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

A woman hurt when an electrical junction box cover fell from the roof of a Wal-Mart store in Staunton can press forward with her negligence suit against the retailer, a federal judge in Harrisonburg has ruled. The accident allegedly resulted ...

Tagged with: Coogan-Golden Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District Wal-Mart

In this suit filed by Dixon Lumber Company against Austinville Limestone Company, parties who own adjacent plots of land in Wythe County, the Roanoke U.S. District Court says the lumber company cannot hold the limestone company liable under CERCLA for ...

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

A youth who was promptly taken into custody at the U.S. border, when he left his home in the Honduras at age 14 to escape from gang violence and pressure and tried to join his mother in Kentucky, did not ...

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