A defendant charged with intent to distribute a substance containing a detectible amount of cocaine lacked standing to challenge the search of a residence because the house was used for drug dealing and individuals present for a business expectancy do ...

Tagged with: Judge Michael F. Urbanski Negligence U.S. District Court - Western District

Where an assistant store manager allegedly hugged or touched an employee 10 times over a three-month period, and kissed her when she returned to work after surgery, he lacked the intent required for assault and his conduct did not amount ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where claims against the City of Danville, arising out of the 2018 shooting death of an unarmed Black man by two city officers, were dependent on a finding of individual § 1983 liability against the officers, the claims against the ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

Where a neighbor reported a possible instance of breaking and entering in an apartment which had seemed vacant for months, and she was afraid because the two men had tried to open her door multiple times, the police had reasonable ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where a school bus driver whose vehicle was hit by a tractor-trailer failed to identify one of her experts until 10 months after the deadline in the scheduling order, her claim that he was a rebuttal expert was rejected. Her ...

Tagged with: Judge Michael F. Urbanski Negligence U.S. District Court - Western District

Where a man who pleaded guilty to conspiracy to traffic in contraband cigarettes and conspiracy to commit money laundering could have raised his actual innocence and ineffective counsel arguments in an earlier § 2255 petition, and the alleged errors were ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where an insurer was told that evidence from a fire needed to be preserved so the electrical company could conduct an inspection, but the insurer allowed the premises to be destroyed two months before the claim was made against the ...

Tagged with: Judge Michael F. Urbanski Sanctions U.S. District Court - Western District

Where the defendant had previously stayed in the home, was friends with the owner and was present at the time of the search, he presented no additional evidence strengthening his connection to the home, such as plans to stay the ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Although the plaintiff presented direct evidence of age discrimination – a statement by a member of the interview committee that another candidate received the job because he was younger and more energetic – the employer nevertheless prevailed on summary judgment ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

An insurance company’s bid to recover payments for a fire loss was thrown out of court this month because the company failed to preserve the fire scene. U.S. District Judge Michael F. Urbanski of Roanoke said he dismissed the insurer’s ...

Tagged with: Judge Michael F. Urbanski Spoliation U.S. District Court - Western District