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

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

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

A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background ...

Tagged with: Civil Rights First Amendment Judge Jackson L. Kiser Search & Seizure U.S. District Court - Western District

Even if a litigious gadfly under police scrutiny gave the finger to a sheriff’s lieutenant, the lieutenant was not justified in stopping the car the man was in, according to a federal judge. A traffic stop merely for “gigging” an ...

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

An inmate was entitled to partial injunctive relief related to his ongoing pain after another prisoner broke his jaw. Dental care to date has not ameliorated his pain or ability to chew food, and he is entitled to further evaluation. ...

Tagged with: Constitutional Judge Jackson L. Kiser Prisons & Jails U.S. District Court - Western District

A woman charged with theft after she refused to return an emaciated dog to its owner sufficiently stated several constitutional and state tort claims against an animal control officer and his supervisor. Background In December 2017, Plaintiff Christen Waddle encountered ...

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