Where a bankruptcy court’s order did not resolve the issues involving real property and only provided a “roadmap” of what might occur if the debtor did not follow through with certain conduct, the order was not appealable. The plaintiff’s motion ...

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

A 75-year old inmate with a compromised immune system and no history of violent crime was granted early compassionate release from FCI Butner, which experienced a “devastating outbreak of COVID-19.” He was ordered to self-quarantine for 14 days and work ...

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

A defendant who had a “violent and dangerous past” and has tested positive for COVID-19 did not demonstrate “extraordinary and compelling” circumstances warranting early release given his minor symptoms, the need to protect the public at large and the absence ...

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

Where a tenant’s breach of contract claim against its landlord for damages stemming from a roof collapse would resolve all issues in dispute, the tenant’s declaratory judgment claim was dismissed as unnecessary. The breach of contract claim survived because an ...

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

Where a man sued an arresting officer for excessive force based on injuries allegedly suffered in July 2015, the suit was dismissed because it was filed beyond the two years applicable to § 1983 claims in Virginia. Background On July ...

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

Where it was unclear whether a former bank employee’s claims arose under Virginia or federal law, the employee disclaimed any federal causes of action and there was no federal question jurisdiction, so the case was returned to state court. Background ...

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

Where the plaintiff was previously warned it needed to comply with the deadlines imposed by the local rules, but nevertheless submitted an untimely opposition to a motion to dismiss and failed to provide a reason for the tardiness, its complaint ...

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

Where the plaintiff alleged county officials punished him when they granted other businesses an unfair advantage by allowing them to operate without septic systems, because the actions occurred in 2009 at the latest, the suit was filed beyond the tw0-year ...

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

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