A creditor who shipped almost $575,000 worth of goods to a toy store now in bankruptcy will not be allowed to file a priority claim past the deadline set by the bankruptcy court because it had the information necessary to ...

Tagged with: Bankruptcy Judge John A. Gibney Jr. U.S. District Court - Eastern District

A defendant charged with illegal reentry could not dismiss the indictment on the basis the original notice to appear was deficient because he later received an adequate notice of hearing with a time and place. Background Javier Cruz Bonilla is ...

Tagged with: Criminal Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a defendant appeared at a removal proceeding despite being served with a defective notice to appear that did not specify the time or date of the proceeding and was subsequently deported from the United States, the defendant could be ...

Tagged with: Criminal Judge John A. Gibney Jr. U.S. District Court - Eastern District

A federal judge has dismissed malicious prosecution and related claims against a Virginia commonwealth’s attorney who initiated an election fraud investigation against a candidate for sheriff. The judge also terminated similar charges against a state police detective. U.S. District Judge ...

Tagged with: Judge John A. Gibney Jr. Malicious Prosecution U.S. District Court - Eastern District

Where a pipeline company was unable to obtain necessary easements through an agreement with the affected landowners, and the affected landowners failed to respond to the company’s complaint in condemnation, the company was entitled to take possession of the easements ...

Tagged with: Civil Practice Judge John A. Gibney Jr. U.S. District Court - Eastern District

An employee’s claim of discrimination on the basis of color was allowed to proceed because it was reasonably related to the race discrimination charge she had brought before the Equal Employment Opportunity Commission and the investigation of that charge put ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

A co-defendant in an antitrust action was not entitled to transfer the case to another venue, even though such venue would be appropriate, because a similar case involving the other co-defendant was pending in the venue chosen by plaintiff and ...

Tagged with: Civil Practice Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the deceased fell off a ladder when a piece of a crate he was attempting to pull up suddenly broke off, the administrator of the deceased’s estate could sue the company that designed and manufactured the crate for wrongful ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where an employee was found to have been at least partially responsible for a transportation failure that left more than 150 special needs students stranded on the first day of school, the employee’s subsequent termination did not constitute unlawful discrimination, ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

The rates charged by attorneys in Washington, DC, do not apply in Richmond unless a DC attorney is needed because Richmond attorneys did not have the “required skills” to do the necessary work, a Richmond federal judge has ruled. In ...

Tagged with: Attorneys Fees Judge John A. Gibney Jr. U.S. District Court - Eastern District