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Tag Archives: Judge Jackson L. Kiser

Dealer could not sue manufacturer over worsened product quality (access required)

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 ...

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Revocation of limited-duty assignment claims time-barred (access required)

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 ...

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Employee’s remark shows likely actual notice of spill (access required)

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 ...

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Bankrupt was not ‘nominal’ for jurisdiction purposes (access required)

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 ...

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Claims against insurance carrier were contract matter (access required)

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 ...

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Failure to ask lawyer to appeal dooms effort to vacate sentence (access required)

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 ...

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