Where there was a reasonable basis to believe the defendant was a threat to officers, the Fourth Amendment was not violated when an officer looked through the window into the kitchen to see if the defendant’s position posed a danger. ...

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

Although it was wrong for the government to insist members of the Virginia State Police leave the courtroom in the trial of a former special agent, their removal did not justify setting aside the jury’s verdict because it did not ...

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

Although the court sustained the jury’s convictions on the counts for distributing controlled substances without a legitimate medical purpose or beyond the bounds of medical practice, it acquitted the defendant on the possession with the intent to distribute controlled substances ...

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

Where a woman with kidney failure died after receiving an MRI scan using contrast dye even though she specifically told the doctor that she could not use contrast dye, her estate could pursue a malpractice claim against the doctor who ...

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

Although the defendant argued he expended funds answering the complaint, preparing discovery requests, conducting two depositions and preparing a motion for summary judgment, the court held such costs were not so extensive as to give rise to substantial prejudice. As ...

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

Where a prisoner was killed by a fellow inmate, the facts were insufficient to support a claim against the corrections officers for violations of the prisoner’s rights under the Fifth and Eighth Amendment. Background At the time of his death ...

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

Where an employee was terminated because she could not wear required safety footwear due to a physical condition, General Dynamics had legitimate business reasons for enforcing its policy of requiring its workers to wear safety shoes. Background Plaintiff Shelia Holmes ...

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

Employees who were laid off when the manufacturing facility they worked at was closed and claimed that their employer failed to provide adequate notice under the Worker Adjustment and Retraining Notification Act could bring a class action suit against their ...

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

A woman claiming she was injured by a right hip implant failed to demonstrate a defendant that purchased the company that manufactured the allegedly defective product was subject to personal jurisdiction in Virginia. Background On or about Jan. 11, 2010, ...

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

Complaints brought by two people injured in a car accident were pared back because the plaintiffs did not plead facts sufficient to support claims for negligence per se and res ipsa loquitur. Negligence and gross negligence claims, however, will proceed ...

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