Although a public defender won reduction of a defendant’s sentence for firearm possession, the result was a loss of good-time credit that extended his client’s projected release date. Neither  Fed. R. Civ. P. 59(e) or 60 provide a basis for ...

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

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

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

In considering the sentence of a man who pleaded to conspiring to distribute and possess AB-FUBINACA, the court relied on two pharmacologists with the Drug Enforcement Administration to find the drug was more closely related to tetrahydrocannabinol, or THC, than ...

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

The former attorney for the Town of Abingdon, who suffers from anxiety, depression and metallosis, alleged facts that, if true, supported a constructive discharge theory, and she alleges that after she filed her EEOC charges, the town’s behavior worsened. But ...

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

Although the defendant argued he did not know his prior domestic violence convictions were labeled under federal law as “misdemeanor crimes of domestic violence,” that is not the law. His general knowledge was sufficient to support his conviction for possession ...

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

Where the defendant argued her trial counsel was constitutionally ineffective in multiple ways, for example, by recommending she plead guilty to one charge and not challenging venue and during sentencing, her counsel achieved “frankly the best outcome for which she ...

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

Where the indictment sufficiently pleaded wire fraud, the question of whether the pharmaceutical defendants actually committed wire fraud is an issue for the jury because there is no summary judgment in criminal cases. Background The defendants, Indivior Inc. and its ...

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

Where the EEOC’s intake questionnaire identified the parties and the specifics of the Title VII claim, including that a day-care provider thought the plaintiff was a liability because of her pregnancy and her lifting restrictions, and where the questionnaire was ...

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

Releases signed by employees now alleging a plant closure violated the federal Worker Adjustment and Retraining Notification, or WARN, Act are enforceable. Although the employees argued the consideration was “woefully inadequate,” there are no guarantees in litigation. And there was ...

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

A prisoners’ rights group whose First Amendment rights were violated by a jail policy that allowed inmates to receive only preapproved books, and prohibited them from receiving magazines, is entitled to a permanent injunction governing the delivery of publications and ...

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