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

In this patent dispute between plaintiff Virginia company and defendant Utah company over patents for irrigation timers, the Harrisonburg U.S. District Court grants defendant’s motion to dismiss for lack of personal jurisdiction over the Utah company, and also denies plaintiff’s ...

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

A nursing student who complained in class and to administrators about qualified instructors leaving the program, to be replaced by unqualified instructors, and who alleges she was subjected to a phony student misconduct charge in retaliation, states a claim against ...

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

A female manager for a wireless services store has not provided evidence to refute employer’s claim that she was not promoted to district manager because she was not the most qualified candidate, based on her experience and past failure to ...

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

A plaintiff 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 the incident when she was ...

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