The defendant’s motion to suppress wiretap evidence was untimely, and he had not demonstrated “good cause” for its consideration. Moreover, the defendant did not establish the court should suppress recordings of telephone conversations obtained by a wiretap between him and ...

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

The bank’s lien survived the foreclosure sale and remained superior to a tax lien filed by the Internal Revenue Service. Because the IRS did not receive proper notice, the tax liens were not discharged by the nonjudicial foreclosure sale, and ...

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

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

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

Although the Sentencing Guidelines provide a federal sentence should run concurrently with a state sentence when the state imprisonment is anticipated to result from an offense that is relevant conduct to the federal conviction, the guidelines are advisory. Here the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James P. Jones

The district court correctly granted the motion for judgment on the pleadings filed by Montgomery County, Maryland, and the planning commission because the commercial developer had no constitutional property interest to develop its land. Background Pulte is a residential real ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge James P. Jones

The court granted summary judgment to an insurer, finding a family’s insurance policy excluded coverage for loss from mold, so even if mold was caused by water infiltration, the mold exclusion applied and coverage was barred. Background Defendant NGM Insurance ...

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

In granting summary judgment to the defendants, the court found that a former inmate’s claims against correction facility officials that he was denied medical treatment and subject to abuse and lack of due process while incarcerated were time-barred and that ...

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

In awarding plaintiff reasonable fees for prevailing on a discovery dispute against the Virginia Department of Corrections, the court said the appropriate rate was that charged by counsel in the Western District of Virginia, Abingdon Division, because there was no ...

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

Because a school superintendent’s production of documents waived the right of privilege on records produced before a certain date, a former employee claiming gender-based wage bias may review them. Background In this action by a former public school employee claiming ...

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

The NLRB was entitled to recover $7,503 in fees based on accepted rates for  attorneys in Washington, D.C., after it prevailed in a discovery dispute with a coal company. Background The National Labor Relations Board moved to compel Cobalt Coal ...

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