Where the defendant failed to appeal from the court’s second order of forfeiture entered in 2014, his 2020 complaints came too late. A  forfeiture may only be challenged on direct appeal, which must be filed within 14 days of entry ...

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

A June decision by the U.S. Supreme Court has opened courthouse doors for a lawsuit filed by a Staunton man who says he was fired for being homosexual. The federal justices ruled June 15 that Title VII covers discrimination on ...

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

Where the defendant signed a Miranda waiver, cooperated in a multi-hour interrogation, exhibited no signs of intoxication and responded to the officer’s questions clearly and with details, his argument that the waiver was defective because he was “tipsy” was rejected. ...

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

Where an attorney who engaged in prepetition litigation efforts on behalf of the debtor did not provide written notice to the opposing parties prior to the filing of the bankruptcy petition, he has no lien nor could he claim a ...

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

Where it was undisputed that a grape or multiple grapes were present in the area of store where the plaintiff fell, and testimony suggested the store had actual or constructive notice of grapes in that area, the motion for summary ...

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

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

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

Where the plaintiff, who had only recently turned 18, alleged she was subjected to a co-worker’s unwelcome physical contact and comments sexualizing her gender and referencing her physical appearance, she has stated a claim of a hostile work environment. Background ...

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

An insurance company that issued thousands of immigration bonds at the request of Nexus Services  prevailed in a dispute over the parties’ indemnity agreement. Nexus was ordered to provide access to its books and records, deposit a reasonable amount as ...

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

Although a railcar was not being operated at the time a Norfolk Southern Railroad Company conductor fell off a culvert, the train was “in use” because it was on the mainline, the conductor was performing final tasks before the train’s ...

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

A doctor fired from a Danville practice group can go to a jury with his claim that he was terminated in violation of his employment contract on a trumped-up HIPAA claim. The doctor contends his complaints about office practices were ...

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