Where the Town of Front Royal retained an attorney to conduct an investigation into a town clerk’s discrimination complaints, it must produce communications regarding the investigation, the attorney’s conclusions and her advice about any remedial measures to address the alleged ...

Tagged with: Employment Discrimination Judge Joel Hoppe U.S. District Court - Western District

The Town of Front Royal has been directed by a magistrate judge to disclose its communications with its retained attorney on an investigation into harassment claims made by a former town clerk after the former clerk’s motion to compel was ...

Tagged with: Attorney-client privilege Judge Joel Hoppe U.S. District Court - Western District

Where an administrative law judge, or ALJ, found that a woman had “no limitation with or diagnosis from a provider for right arm problems or impairments,” and the applicant did not challenge this finding, there was substantial evidence supporting the ...

Tagged with: Administrative Judge Joel Hoppe U.S. District Court - Western District

Where Social Security regulations provide that an administrative law judge, or ALJ, may not disregard a person’s statements about the intensity, persistence and limiting effects of symptoms solely because they are not substantiated by medical evidence, the ALJ erred by ...

Tagged with: Administrative Judge Joel Hoppe U.S. District Court - Western District

Where a defendant sued for making allegedly defamatory statements about the plaintiff — a counter-protestor who posted video of the “Unite the Right” rallies in Charlottesville — failed to preserve potentially relevant documents, the plaintiff was entitled to an adverse ...

Tagged with: Judge Joel Hoppe Sanctions U.S. District Court - Western District

Where a defendant sued for his alleged role in the “Unite the Right” rally failed to preserve a laptop, two cell phones and three social media accounts, an adverse inference instruction at trial was warranted. Background This matter is before ...

Tagged with: Judge Joel Hoppe Sanctions U.S. District Court - Western District

Where the plaintiff’s motion to amend her personal injury complaint arising out of a Segway accident came after fact discovery concluded, it was granted because the defendants failed to show prejudice. The new allegations merely elaborated on the original ones, ...

Tagged with: Judge Joel Hoppe Negligence U.S. District Court - Western District

Where a former school employee alleged the then-superintendent defamed him by telling another person that his procurement violations were “deliberate and egregious,” he may take limited discovery from the school board about its investigation, his termination, the procurement of furniture ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a defendant was sued for defamation after claiming the plaintiff was a “‘deep state shill’ who was part of the state department’s attempt to cover up its involvement in instigating the attack in Charlottesville, his subpoenas to law enforcement ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where default was entered against a correctional official sued for allegedly sexually assaulting and psychologically torturing a detainee, but the detainee then filed an amended complaint, the default was vacated as moot. Background Plaintiffs Viviana Anselme and Alysha Honeycutt are ...

Tagged with: Civil Rights Judge Joel Hoppe U.S. District Court - Western District