The prevailing party in a breach of contract case involving the shipping of coal is excused from future performance because of the defendant’s breach. But it was not entitled to rescission because the defendant partially performed and there was no ...

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

The intentional torts asserted against the Veterans Affairs Medical Center in Salem were barred by the Federal Tort Claims Act, or FTCA. Other claims were not administratively exhausted, were untimely or not supported by sufficient facts. The plaintiff’s motion for ...

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

Where the jury instruction did not violate the defendant’s due process rights and the conviction did not violate the double jeopardy clause, his motion for a judgment of acquittal or a new trial was rejected. Background On Nov. 12, 2019, ...

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

Where an investigator with the sheriff’s office did not cause arrest warrants on dog theft and obstruction of justice charges to be issued he was insulated from liability. And where he relied on the opinion of the commonwealth’s attorney and ...

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

Where affidavits for GPS tracking devices issued in a narcotics case included no corroborating facts, they lacked sufficient information to establish probable cause. However, because the officers had information that was “inadvertently” omitted from the affidavits, there was no showing ...

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

In a case involving a company that posts bonds for those being held in immigration detention centers while they await court cases, disputes over the scope and sensitivity of discovery requests were resolved. Background This matter comes before the court ...

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

Eight former female employees failed to provide sufficient facts to support their allegations that Walmart discriminated against them on the basis of sex by paying them less than similarly qualified or less-qualified men and by failing to promote them in ...

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

Where an alleged wrongful termination, common-law conspiracy and statutory conspiracy occurred at the Redford Arsenal, land ceded to the United States, there was subject matter jurisdiction because the land was a “federal enclave.” The same claims, however, failed as a ...

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

Where a registered nurse criticized the plaintiff’s life care plan, her testimony was allowed because it did not require a physician’s review, concerns of prejudice were mitigated by the bench trial and her methodology was sufficiently reliable. Additionally, where the ...

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

Where attorneys admitted in Virginia and from outside Virginia acted in bad faith in connection with two consumer bankruptcies, the record supported the bankruptcy court’s imposition of practice and monetary sanctions. For the out-of-state attorneys, however, the amount of sanctions ...

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