After nearly a decade of litigation, stemming from disputes over who owns the right to coal bed methane gas in a large swath of southwest Virginia, a federal judge has approved a $4 million settlement to be distributed between over ...

Tagged with: Judge James P. Jones Million-Dollar Settlements

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s ...

Tagged with: Civil Rights Evidence Judge James P. Jones Prisons & Jails U.S. District Court - Western District

The prevailing party in litigation between energy companies sought to recover its litigation costs under Federal Rule of Civil Procedure 54. Among costs the court excluded were a video deposition and electronic transcripts accompanying written transcripts. Background Following a jury ...

Tagged with: Civil Practice Judge James P. Jones U.S. District Court - Western District

A regional jail authority is preliminarily enjoined from confiscating publications mailed to inmates by the Human Rights Defense Center. The policy banning delivery of such publications is not rationally related to any legitimate purpose identified by the defendants. Background Plaintiff ...

Tagged with: Civil Rights Constitutional First Amendment Judge James P. Jones Prisons & Jails U.S. District Court - Western District

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

Tagged with: Employment Employment Discrimination Evidence Judge James P. Jones U.S. District Court - Western District

A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, ...

Tagged with: Banking Constitutional Judge James P. Jones Mortgage Real Property Taxation U.S. District Court - Western District

A plaintiff suing the Virginia Department of Corrections cannot offer a pre-taped deposition as testimony, despite his residence and Florida and difficulty staying on topic due to autism. He will be permitted to testify remotely by live video. Background Plaintiff ...

Tagged with: Civil Procedure Judge James P. Jones U.S. District Court - Western District

A man Tasered by off-duty police officers working as store security guards can take his excessive force lawsuit to the discovery stage under a ruling by an Abingdon federal judge. U.S. District Judge James P. Jones ruled the man’s account ...

Tagged with: Judge James P. Jones U.S. District Court - Western District

In a case brought by an autistic man for alleged mistreatment in prison, the Virginia Department of Corrections acted in bad faith by failing to adequately prepare organizational witnesses under FRCP 30(b)(6). Background Plaintiff Reginald Latson has moved to compel ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Discovery Judge James P. Jones Sanctions U.S. District Court - Western District

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

Tagged with: Constitutional Employment Judge James P. Jones Personal Injury Search & Seizure Tort U.S. District Court - Western District