A federal judge has ruled in favor of a plaintiff in a workplace injury case, rejecting the defense that the plaintiff’s only recovery should come through workers’ compensation. U.S. District Judge James P. Jones of Abingdon penned an extensive review ...

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

Where a Subaru driver alleged an airbag was defectively designed and that the allegedly dangerous condition or failure to warn was the proximate cause of her injuries, her claims were sufficient to survive a motion to dismiss because she was ...

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

Where the plaintiff was injured by an employee of a freight unloading company that was working at the plaintiff’s jobsite, the exclusivity provision of the Virginia Workers’ Compensation Act did not bar the plaintiff’s claim against the company because it ...

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

Where the government prosecuting a pharmaceutical company over alleged fraud stemming from the development and marketing of prescription drugs presented to the grand jury evidence of a prior conviction of an individual doctor, its conduct did not warrant dismissal of ...

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

Although the expert’s report was not signed, did not list any publications, did not list his compensation, his list of prior cases was not current and his report was “brief,” the motion to exclude his testimony was denied because the ...

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

Where the treasurer for the Town of Tazewell was not meeting the town’s legitimate expectations and did not show her general complaints were the reason for her demotion, her wage discrimination and retaliation claims failed as a matter of law. ...

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

Where the government claims the defendant who billed the state for regularly checking on a mentally disabled 17-year-old could not have visited the home or he would have seen the boy and his brothers locked in their bedroom with no ...

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

Where defendants objected to the application of advisory sentencing guidelines for “ice” methamphetamine, a high purity drug, instead of guidelines for mixtures that are less pure, the government successfully provided evidence that the conspiracy centered on ice methamphetamine. Background In ...

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

Where an employee sufficiently alleged she was underpaid because of her age and that her compensation for teaching certain classes was reduced after she complained to the Equal Employment Opportunity Commission, the school board’s motion to dismiss discrimination and retaliation ...

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

Where Virginia’s Department of Energy’s Division of Mined Land Reclamation was aware of Red River Coal Company’s conduct and Red River complied with the terms of its permit, it is entitled to invoke the agency’s tacit agreement as a shield ...

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