Where a university handbook is not considered an enforceable contract and where the university did not owe the student a duty to protect him from third-party harm, the student’s suit was dismissed after an altercation with a fellow student. Background ...

Tagged with: Judge Jackson L. Kiser Negliglence U.S. District Court - Western District

A plaintiff alleging her former employer deprived her of wages for hours worked can proceed with an unjust enrichment claim as it does not require an interpretation of the collective bargaining agreement, and is thus not preempted by the Labor ...

Tagged with: Employment Judge Jackson L. Kiser U.S. District Court - Western District

An authorized dealer of defendants’ products who lost customers after defendants’ changes to the chemical composition of their product resulted in inferior product quality did not have any valid claims against the defendants because the dealer could not demonstrate that ...

Tagged with: Contract Judge Jackson L. Kiser U.S. District Court - Western District

A postal worker could not sue for disability discrimination based on the revocation of the limited-duty assignment following a workplace accident because she failed to meet with an Equal Employment Office counselor within 45 days after receiving notice of the ...

Tagged with: Employment Discrimination Judge Jackson L. Kiser U.S. District Court - Western District

Where plaintiff claimed that defendants falsely accused her of a crime and purposely omitted information from a warrant application to arrest her on false charges in retaliation for her complaints about the job performance of one of the defendants, she ...

Tagged with: Civil Rights Judge Jackson L. Kiser U.S. District Court - Western District

Where the plaintiff and her boyfriend both testified an employee of the defendant stated a spill should have been cleaned up, a reasonable juror could conclude that statement demonstrated the defendant’s actual notice of the spill. Background On or about ...

Tagged with: Judge Jackson L. Kiser Negligence U.S. District Court - Western District

Although an individual defendant filed for bankruptcy protection after allegedly striking the plaintiff with his car and his insurance carrier interpled all relevant proceeds into the state court, he was not a “nominal” party for purposes of diversity jurisdiction and ...

Tagged with: Judge Jackson L. Kiser Tort U.S. District Court - Western District

An inmate who was sentenced as an armed career criminal will be resentenced because under the Armed Career Criminal Act he no longer had three convictions for a violent felony and/or a serious drug offense. Background Clinton Lee Rumley was ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District

The court held that, to the extent the defendants failed to pay plaintiffs for covered damages, the claims sounded in contract, and could not be pursued in tort pursuant to Virginia’s “economic loss rule.” Background Plaintiffs Danville Commercial Industrial Storage ...

Tagged with: Insurance Judge Jackson L. Kiser U.S. District Court - Western District

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District