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Tag Archives: Judge James P. Jones

Former employee pleads claim for FMLA retaliation (access required)

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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Tort claims against insurer dismissed because relationship governed by contract (access required)

An insured sued its insurer for conversion, breach of the covenant of good faith and fair dealing, fraud, and intentional misrepresentation, all arising out of the insurer’s refusal to pay the claim under the policy. Because each particular tortious breach ...

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Former school supervisor’s can sue for equal pay (access required)

Former school supervisor established a prima facie case of equal pay discrimination, when compared to her predecessor and successor, requiring jury to assess the School Board’s reasons for pay disparity. Background Debra Colley was employed by the Dickenson County School ...

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WDVA: Corrections’ experts not qualified on adequacy of care (access required)

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s ...

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WDVA: Energy companies hash out litigation-cost awards (access required)

The prevailing party in litigation between energy companies sought to recover its litigation costs under Federal Rule of Civil Procedure 54. Among costs the court excluded were a video deposition and electronic transcripts accompanying written transcripts. Background Following a jury ...

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WDVA: Jails must deliver nonprofit’s materials to inmates (access required)

A regional jail authority is preliminarily enjoined from confiscating publications mailed to inmates by the Human Rights Defense Center. The policy banning delivery of such publications is not rationally related to any legitimate purpose identified by the defendants. Background Plaintiff ...

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WDVA: Bank wins summary judgment on teller’s age claim (access required)

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

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WDVA: No sovereign immunity in tax-lien discharge suit (access required)

A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, ...

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