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Judge Jackson L. Kiser

Jul 27, 2020

Repeated requests for date no basis for hostile environment

Where a pharmacy employee alleged the CEO repeatedly asked her for a date and discussed his desire to marry and provide for her, her allegations were insufficient to sustain a claim for a hostile work environment. Background Allison Coates began working at Kare Pharmacy and Compounding in June 2017. Kare Pharmacy is owned by defendant […]

Jul 1, 2020

Order modifying automatic stay is not appealable

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 was dismissed as premature. Background Teresa Craig resides in a home in Danville. On July […]

Jun 18, 2020

Compassionate early release granted

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 with his probation officer to set up a restitution plan. Background William R. Whyte was […]

Jun 4, 2020

Defendant with COVID-19 infection denied early release

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 of any showing that early release would protect other inmates. Background Clinton Rumley is currently […]

Apr 6, 2020

Breach of contract claim sufficient to resolve issues

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 ambiguity in the contract could not be resolved on a motion to dismiss. Background Plaintiff […]

Feb 16, 2020

Excessive force claims against arresting officer filed too late

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 30, 2015, defendant secured arrest warrants for plaintiff, charging him with driving on a suspended […]

Dec 4, 2019

Claims against bank sent back to state court

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 Plaintiff Mytreccia Stockton began working for BB&T as an on-call teller at its Collinsville location; […]

Nov 20, 2019

Late brief after warning prompts dismissal

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 was dismissed. Background Plaintiff Sae Han Sheet Co. Ltd. is a South Korean company engaged […]

Nov 20, 2019

Restaurant owner waited too long before suing county

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 statute of limitations. Background Steven Alderman owned and operated Blue Ridge Restaurant in Patrick County […]

Aug 19, 2019

Student’s suit over third-party harm dismissed

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 Defendant Leslie Villarose is Dean of Students at Averett University, a private university in Danville, […]

Jun 30, 2019

Labor Act does not preempt unjust enrichment claim

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 Management Relations Act. Background Terri Powell was employed by defendant IKEA Industry Danville LLC at […]

May 28, 2019

Dealer could not sue manufacturer over worsened product quality

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 defendants had been unjustly enriched or that any actual or prospective business relationships or contracts […]

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