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Tag Archives: Judge James P. Jones

WDVA: Cabela’s customer stated claims against off-duty officers (access required)

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

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WDVA: Blind man not harmed by inaccessible website (access required)

A blind plaintiff lacked standing to sue a Virginia bank for maintaining a website without reasonable accommodations for individuals with disabilities, as he lived 300 miles from the nearest branch. Further, the bank’s voluntary upgrades – made prior to the ...

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WDVA: Subpoena for attorney emails, work product quashed (access required)

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

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School board settles abuse lawsuit for $1.1M (access required)

A federal judge has approved a $1.1 million settlement for a student, now in his teens, who claimed he was repeatedly abused by the janitor at his elementary school in Russell County. After the suit survived two pretrial rulings, the ...

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WDVA: Va. had personal jurisdiction over N.C. contractor (access required)

The court could exercise personal jurisdiction over a North Carolina company sued for nonpayment by a Virginia contractor, without offending due process principles. Background Plaintiff Joe Rainero Tile Co., d/b/a Permatile, is a Virginia corporation located in Washington County. Defendant ...

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ADEA claim fails after “sham affidavit” ruling (access required)

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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WDVA: ADEA claim fails after “sham affidavit” ruling (access required)

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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Bon Mots: February 2018

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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