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

Where the record was not clear on whether the plaintiff’s termination was in retaliation for rejecting her supervisor’s advances, the plaintiff failed to demonstrate she was subjected to a hostile work environment based on sex. Background The Equal Employment Opportunity ...

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

Where the defense counsel was adequately prepared for trial and it did not appear that there had been any lack of communication between the defendant and counsel that prevented an adequate defense, the court denied the multiple requests by the ...

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

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