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Court Upholds Red Onion Security Classifications
A Roanoke U.S. District Court grants summary judgment to defendant Virginia Department of Corrections on plaintiff’s suit alleging that the classification procedures that allegedly have prevented him from earning his release from the highly restrictive segregated confinement conditions at Red Onion State Prison violate his due process, equal protection and Eighth Amendment rights. I conclude [&h[...]
Court Upholds Red Onion Security Classes
A Roanoke U.S. District Court grants summary judgment to defendant correctional officials in this suit by an inmate who asserts constitutional challenges to certain classification procedures that allegedly have prevented him from earning his release from highly restrictive living conditions at Red Onion State Prison. It is undisputed that since the arrival of plaintiff, who […]
No Resentence Under Johnson ACCA Ruling
A defendant who pleaded guilty to cocaine distribution in 2003 and was sentenced as a career offender under federal sentencing guidelines based on prior convictions of assault with a deadly weapon and felony eluding arrest is not entitled to a sentence reduction based on the U.S. Supreme Court’s 2015 decision in U.S. v. Johnson striking […]
Attorney Privilege Log Admissible at Retrial
In this dispute over a drilling company’s demand for $14 million for drilling rig standby charges under a contract and addendum, the Abingdon U.S. District Court will allow, at a retrial on remand, evidence that the disputed Addendum was commercially unreasonable and evidence of how other recipients of the Addendum responded to it, as well […]
Contractor Did Not Comply with VPPA
A Big Stone Gap U.S. District Court says a construction company hired to make repairs on a middle school and a high school damaged in separate weather incidents cannot collect on the balance of alleged contracts with the school board, as the purported contracts did not comply with requirement of the Virginia Public Procurement Act. […]
Company’s Nonsolicitation Claim Advances
A company that offered physical and occupational therapy services to skilled nursing facilities may sue a competitor for breach of a Nondisclosure Agreement the parties signed during negotiations for defendant to buy plaintiff, by alleged solicitation of plaintiff’s staff; however, the Big Stone Gap U.S. District Court dismisses plaintiff’s claims for tortious interference with business [&[...]
Inmate Loses Challenge to Security Procedures
A Roanoke U.S. District Court grants summary judgment to the Virginia Department of Corrections in a 42 U.S.C. § 1983 lawsuit claiming that the inmate’s 16 years spent in administrative segregation at Virginia’s Red Onion maximum security prison and classification to IM, or Intensive Management, status in 2013, violated his due process, equal protection and […]
Inmate’s Security Status May Violate RLUIPA
The Virginia Department of Corrections wins summary judgment in this lawsuit filed by an inmate in the Red Onion maximum-security prison, challenging Operating Procedure 830.A, under which plaintiff was classified in “Intensive Management”; also, the Roanoke U.S. District Court denies defendants summary judgment on plaintiff’s claim that his classification status prevents him from [...]
‘Agency’ Claim Can’t Save Consulting Contract
A lawyer representing himself who alleges he performed under a consulting agreement with defendants to develop real estate in Bristol, Virginia, and is owed $6,000 per month for his services and $18,170.82 in expenses, as well as an ownership stake in the business, loses his claim against one of the defendants, as the Abingdon U.S. […]
Court Upholds Prison Security Classification
An inmate classified as Intensive Management, or “IM” status at Red Onion maximum security prison, and who has advanced to a higher status with more privileges under the Virginia Department of Corrections’ Operating Procedure 830.A, loses his constitutional challenge to OP 830.A, as the Roanoke U.S. District Court grants summary judgment to defendant correctional officials. […[...]
Court Upholds Red Onion Maximum-Security Classifications
A Roanoke U.S. District Court grants summary judgment to defendant Virginia Department of Corrections on plaintiff’s suit alleging that the classification procedures that allegedly have prevented him from earning his release from the highly restrictive segregated confinement conditions at Red Onion State Prison violate his due process, equal protection and Eighth Amendment rights. Classifica[...]
No Resentencing After Travel Act Conviction
A defendant convicted in 2001 of crimes including traveling in interstate commerce to commit a crime of violence and possession of a firearm in furtherance of a crime of violence cannot win resentencing under Johnson v. U.S., in which the U.S. Supreme Court found the residual clause of the Armed Career Criminal Act was unconstitutionally […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
