Although a magistrate judge partially authorized the issuance of subpoenas, the government’s objections were sustained because the subpoenas were not sufficiently specific, there was an insufficient showing of relevancy and they likely sought privileged material from federal and state agencies ...

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

Although a nurse argued she only pleaded guilty to conspiring to commit health care fraud because she erroneously believed that was a condition of a plea deal offered to her sister and son, who were also indicted, she did not ...

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

The Town of Abingdon won dismissal of a complaint by a former town employee by demonstrating that her claims of a defamatory statement was actually an opinion, that her due process rights were not violated and she was not constructively ...

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

Where a former Town of Abingdon manager failed to allege facts showing he was constructively discharged, that he was satisfying the town’s legitimate expectations or that the town interfered with his rights under the Americans with Disabilities Act, his ADA ...

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

Although the Individuals with Disabilities Education Act, or IDEA, was referenced in a suit filed on behalf of an 11-year old child injured on school property, the defendants’ negligence can be decided without reference to the IDEA and the duties ...

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

A jury will decide whether a middle school resource officer who tackled a 14-year old during an investigation into the alleged distribution of nude photographs of a fellow student violated the minor’s constitutional rights. Because it was clear that a ...

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

Although Subaru argued the plaintiff was improperly relying upon her own subjective, undefined standards to sup­port her product liability claims, a motion to dismiss is not the proper avenue to contest a lack of expert testimony. Suba­ru will have opportunity ...

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

Where a woman whose claims against out-of-state automotive components sales and distribution companies included only a “few scattered contacts” with Virginia, there was no demonstration of purposeful activity to establish meaningful contact with the forum state. Therefore, court lacked jurisdiction ...

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

Where Progressive’s policy did not cov­er the tractor or trailer involved in the fa­tal motor vehicle accident and the driv­er was not acting in pursuit of his own trucking business at the time of the acci­dent, there was no coverage. ...

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

Where the record failed to demonstrate that a parent’s leave from work was necessitated by his children’s “serious health condition,” his claims for FMLA discrimination, retaliation and interference failed as a matter of law. Background In this civil case, the ...

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