Despite a missed service deadline, an Abingdon federal judge allowed an employment discrimination lawsuit to go forward while noting concern that the same lawyer had allowed the service deadline to pass in a similar action only a few months before. ...

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

A defendant convicted of distributing oxycodone and cocaine and possession of firearms who received three 300-month sentences under 18 U.S.C. § 924(c), had his total 1,020-month sentence reduced to 300 months because the stacking of the 924(c) 25-year sentences, and ...

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

Testimony from the defendant’s former roommate, and well as evidence from coconspirators, supported the conclusion in the presentence report that the defendant’s methamphetamine-related conduct involved more than 4.5 kilograms of Ice methamphetamine. Background James Skyler Sebastian pleaded guilty without a ...

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

Where a defendant who pleaded guilty to being a felon in possession of a firearm failed to show how he was prejudiced from the court’s failure to communicate the knowledge requirement for the 18 U.S.C. § 922(g) charges, his habeas ...

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

Although the initial appearance and arraignment in a capital case were postponed because of COVID-19 concerns, the case will not be delayed until vaccines are generally available or because there might be a favorable change to the federal death penalty ...

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

Although a correctional employee was suspended after his drug sample tested positive for cocaine, his suit against the testing company after the result was found to be a false positive was dismissed. He was not in privity with the company, ...

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

Although the former employee violated a noncompete agreement by taking a new position, the request for a preliminary injunction was denied because the evidence did not show the employee received extensive or specialized training sufficient to justify the restrictions. Background ...

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

A defendant’s second attempt to vacate a default money judgment, this time under Rule 59(e), was unsuccessful. The Rule 59(e) motion was untimely, did not argue there was “new evidence” warranting relief and did not sufficiently show the defendant would ...

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

Where the former Walmart employee did not provide any details about the essential functions of his position, how his disabilities affected his ability to perform or how reasonable accommodations might have helped him, he failed to state a plausible claim. ...

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

Where a woman slipped and fell on laundry detergent while shopping at a Walmart, and surveillance video showed what appeared to be a Walmart employee placing paper towels after another customer nearly fell a few minutes earlier, a jury is ...

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