Finding a homeowner failed to assert plausible claims against a substitute trustee, the trustee was found to be fraudulently joined and removed from the case. The court then had diversity jurisdiction over the remaining claims. Background According to the complaint, ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant could not argue the statute of limitations expired on his illegal reentry charge because he fled from justice in the intervening years, which tolled the statute of limitations. Background Delfino Natalio De Leon-Ramirez was indicted for illegal reentry ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry E. Hudson

Both parties’ motions for summary judgment were denied as there are disputed issues of material fact over the impact of multiple restrictions on the location of abortions and regulation of facilities. However, the terms “hospital” and “second trimester” are not ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

A former Virginia State University student who was disciplined for his alleged role in an altercation with a female student did not allege facts that plausibly suggested the discipline was based on his gender or violated his civil rights. Background ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

A suit against the Trump campaign for allegedly conspiring with Russia and Wikileaks to hack and release Democratic National Committee emails that included information about the plaintiffs was dismissed. The plaintiffs failed to plead essential facts, and some of their ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant was not entitled to a new trial on the basis of an affidavit claiming that one of the government’s witnesses admitted that his testimony at the trial was false because the witness denied recanting the testimony, the affiant ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where an individual who died four years after sustaining injuries in an attack in a Walmart parking lot failed to file a personal injury complaint within two years after the incident, the administratrix for his estate could not bring an ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Where a defendant acknowledged touching his co-worker’s shoulders during a dispute, and the co-worker and other witnesses testified that the contact was intended to prevent the co-worker from leaving the room, the defendant’s self-serving testimony that the contact was minimal ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where an employee attached a copy of her formal discrimination complaint to a letter postmarked well after the time to file a formal complaint with the agency had expired and she could not show that the formal complaint had otherwise ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

Tagged with: Judge Henry E. Hudson Labor U.S. District Court - Eastern District