In this interpleader action involving life insurance proceeds, an Abingdon U.S. District Court grants summary judgment to a bank that obtained an assignment of the policy as collateral for a loan to the insured. On Nov. 24, 2010, decedent executed ...

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

A Big Stone Gap U.S. District Court grants summary judgment to defendants, a deputy sheriff and his supervisor, in plaintiff’s malicious prosecution suit filed after a state court dismissed charges arising from a sting operation involving “borrowed” property –  conduct ...

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

Although the Abingdon U.S. District Court says plaintiff’s patent infringement claims involving lift-tab can ends likely are barred by the doctrine of laches, the court will treat defendant’s motion to dismiss as a motion for summary judgment as to the ...

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

On May 25, 2009, the 20-year-old plaintiff was involved in a major auto accident in Winchester. Plaintiff’s boyfriend and driver of the car in which she was a passenger died at the scene. Plaintiff was pulled from the burning wreckage ...

Tagged with: Federal Courts Judge James P. Jones Medical Malpractice Million-Dollar Defense Verdicts

In plaintiffs’ suit alleging a mining company, faced with getting rid of excess wastewater from an underground coal mine, and prohibited from discharging the water into local streams, diverted the water into the underground mine voids located beneath the plaintiffs’ ...

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

Defendants convicted of distribution of controlled substance analogues cannot win a new trial with a claim that the government violated their due process rights by failing to disclose evidence regarding the ongoing criminal conduct of a government witness; the Big ...

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

An Abingdon U.S. District Court denies reconsideration of the magistrate judge’s denial of plaintiff’s motion to compel production of income tax returns of plaintiff’s former employer, in plaintiff’s suit alleging the employer discriminated against him based on age and race ...

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

In plaintiff’s class action suit to recover 60 days’ wages and benefits under the Worker Adjustment and Retraining Notification Act for defendant company’s alleged failure to warn of mass layoffs, plaintiffs are not entitled to a jury trial, says the ...

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

When thieves stole the copper piping out of four HVAC units for a warehouse in Bluefield in 2012, they probably had no idea they would set in motion a complicated lease dispute that landed in federal court. The thieves never ...

Tagged with: Federal Courts Judge James P. Jones Landlord/Tenant

Defendant Kroger Company must pay its landlord the cost of repair to HVAC units damaged by  the theft of copper piping, in accord with Kroger’s duty under the commercial lease to self insure casualty losses, and the landlord may credit ...

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