A defendant serving a sentence for conspiracy to distribute methamphetamine is not eligible for a sentence reduction pursuant to Amendment 782 to the federal sentencing guidelines; because he was sentenced pursuant to the career offender guideline, the Abingdon U.S. District ...

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

In the wake of the prosecution of defendant cigarette manufacturer and forfeiture of its property, an Abingdon U.S. District Court accepts a magistrate judge’s recommendation to dismiss a claim to the forfeited property filed by petitioner, a supplier of cigarette ...

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

A defendant convicted under the Controlled Substance Analogue Enforcement Act of 1986 is entitled to a new trial based on the U.S. Supreme Court decision in McFadden v. U.S., construing the mens rea requirement under the Act, says a Big ...

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

An Abingdon U.S. District Court grants an extension of time for plaintiffs to respond to defendants’ summary judgment motion, as ambiguity in the scheduling orders supports plaintiffs’ claim of excusable neglect. In the initial scheduling order, the court instructed the ...

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

In defendant’s prosecution for manufacturing methamphetamine and related offenses, an Abingdon U.S. District Court denies defendant’s motion in limine to exclude evidence related to his 2010 state conviction for similar conduct, which the government intends to introduce under Fed. R. ...

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

An Abingdon U.S. District Court says defendant trucking company faces possible punitive damages in a claim that its tractor-trailer driver who was speeding and was allowed to stay on the road far in excess of the hours permitted under federal ...

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

A company’s two-year delay in notifying its “Employment Practices Liability” insurance carrier that an employee had filed an employment discrimination charge with the EEOC was an unreasonable delay as a matter of law, and the Abingdon U.S. District Court says ...

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

An Abingdon U.S. District Court grants the government’s motion to dismiss plaintiffs’ civil action seeking reimbursement of amounts paid to the IRS as a result of tax liens on real property owned by them but which taxes they claim were ...

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

At least three people accused of selling illegal synthetic drugs in Virginia are affected by a recent U.S. Supreme Court decision adding a “knowledge requirement” for sales of “analogue” drugs. One defendant – convicted by a jury – was acquitted ...

Tagged with: Criminal Federal Courts Judge Glen E. Conrad Judge James P. Jones U.S. Supreme Court

In this medical malpractice case, a Norfolk Circuit Court agrees with defendant that plaintiff’s expert designations of two dentists are insufficient to allow their testimony on the standard of care, but the court will allow plaintiff to amend the expert ...

Tagged with: Judge James P. Jones Medical Malpractice Norfolk Circuit Court Virginia Circuit Courts