An Abingdon U.S. District Court will allow a supplier of cigarette manufacturing material and machinery that claims forfeited property to file a verified claim, which was missing when the matter came before the magistrate judge. A defendant in this criminal ...

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

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 says evidence of mutual assent to the contract is lacking, and grants judgment to ...

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

An Abingdon U.S. District Court dismisses plaintiff borrowers’ fraud and misrepresentation claims alleging the loan officers for defendant lender repeatedly represented that the borrowers’ income qualified them for multiple home refinancing loans; plaintiffs have failed to allege the content of ...

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

Plaintiff environmental group is a “prevailing party” entitled to attorney’s fees under the Clean Water Act because their summary judgment award finding defendant violated the CWA by discharging selenium without a permit “advanced the goals” of the Act; the Big ...

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

Although defendants complain the attesting police officers were not adequately trained in detecting controlled substance analogues, the officers had extensive narcotics investigation training including research into synthetic cannabinoids, and the Big Stone Gap U.S. District Court denies motions to suppress ...

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

A woman convicted of participating in a cockfighting venture with her husband and son is not entitled to a new trial because the prosecutor improperly said during rebuttal that defense counsel knew defendant was guilty; the moral is that lawyers ...

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

In plaintiff’s lawsuit alleging defendant construction company conspired to remove and sell plaintiff’s coal during construction of the Route 460 Bypass Project in Buchanan County, the Abingdon U.S. District Court has diversity jurisdiction over this matter, but will abstain and ...

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

A Big Stone Gap U.S. District Court denies defendant coal mining company’s motion to dismiss this citizens’ suit alleging the company exceeded allowable pollutant discharges under its Clean Water Act discharge permits. In this citizens’ suit under the Clean Water ...

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

Plaintiff coal mine employees win summary judgment against defendant coal mine operators in their class action suit under the Worker Adjustment and Retraining Notification Act; there is no genuine factual dispute that defendant employed 100 or more individuals on March ...

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

Although two other alleged coconspirators were acquitted in a prosecution of mine operators for tax fraud and illegal currency transaction structuring, the Abingdon U.S. District Court says the evidence supported the convictions of these two defendants and denies their post-verdict ...

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