Where an insurance policy required a homeowner to replace his damaged property within two years from the date of the fire, but the homeowner waited more than two years before purchasing a replacement house and did not tell the carrier ...

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

Although a man being served with an emergency protective order refused to provide his driver’s license or other personal descriptors to the police, the police lacked probable cause to arrest him for obstruction of justice. While the officers could ask ...

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

Where a detainee alleged that a prison official intercepted his mail in retaliation for a lawsuit he filed in federal court, but the record showed the mail was intercepted for a legitimate reason and there was no evidence it was ...

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

Where a prison doctor provided treatment and made decisions, based on his professional judgment, about what treatment a detainee who complained about hip and knee pain required, the doctor did not act with deliberate indifference towards the detainee. Background Nathaniel ...

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

A man who was arrested for driving while under the influence after suffering a seizure induced by a brain tumor may proceed with malicious prosecution and false imprisonment claims against a Virginia state trooper, according to a decision from the ...

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

Where the named plaintiffs presented evidence that the time rounding and pre-shift activity policies were employed nationwide, the conditionally certified class was expanded from a Virginia-based class to a nationwide class. Background The plaintiffs filed this collective and class action, ...

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

Where an individual was arrested for driving under the influence, but he claimed that he was suffering from a medical emergency at the time, no signs of drug or alcohol were apparent, he passed two breathalyzers and another motorist reported ...

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

Where a malicious prosecution claim requires that the plaintiff obtained favorable termination of the underlying criminal prosecution, a woman’s claim that the Wise County Housing Authority brought false criminal charges against her was dismissed because the underlying state action was ...

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

Where a shopper sued for injuries allegedly suffered when he slipped on dog food while shopping at a retail store, but there was no evidence the store was actually or constructively aware of the dog food prior to the accident, ...

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

A federal court in Virginia has dismissed the claims of a plaintiff who claimed he slipped and fell on dog food that had spilled in a retail store aisle. Judge James P. Jones of the Western District of Virginia said ...

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