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Tag Archives: Judge Michael F. Urbanski

“First-to-file” rule won’t reward forum shopping (access required)

A mattress company could not use a first-filed declaratory judgment complaint in Virginia courts to pull its trade-secrets dispute with an Ohio company to Virginia, the court held. Plaintiff MCCOA and Defendant RSS are both mattress retail companies. MCCOA is ...

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Incumbent Protection Act struck down (access required)

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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Retaliation claim defeated by justifiable termination (access required)

No reasonable juror could find that Plaintiff Mary David was subject to unlawful sex discrimination or retaliation by her employer, Defendant Winchester Medical Center, the district court said. David, WMC’s Director of Critical Care, alleged that Dr. Nicolas C. Restrepo’s ...

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Charitable immunity applies despite unwilling beneficiary (access required)

The district court held that Plaintiff Justis Funkhouser’s personal-injury claim against Defendant Henry & William Evans Home for Children was barred by Virginia’s charitable-immunity doctrine. Funkhouser – a minor in foster care at the time of the underlying events – ...

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State challenges ruling striking incumbent protection law (access required)

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Virginia election officials are asking a federal judge to put a hold on his recent ruling striking Virginia’s “Incumbent Protection Act.” The law allows certain incumbent legislators to decide how their party’s nominee will be selected, regardless of the party’s ...

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ACCA Vagueness, VICAR Violations and Defining Violent Crimes (access required)

Alleged members of the Mad Stone Bloods gang request that a Roanoke U.S. District Court dismiss the counts in the superseding indictment charging them with the use and discharge of firearms during crimes of violence, in violation of 18 U.S.C. ...

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Christian’s religious bias claim survives (access required)

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A printing manager who says he was fired by a boss with a record of making anti-Christian remarks can go forward with his religious discrimination claim. A Harrisonburg federal judge has denied summary judgment in the case. The plaintiff contends ...

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Consent Decree OK’d for DuPont’s Mercury Damage (access required)

A Harrisonburg U.S. District Court approves a $42 million proposed Consent Decree between the federal and state governments and DuPont over damage to natural resources arising from DuPont’s twenty-year use of mercury in the manufacture of acetate fibers at its ...

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Carrier Payments to Medical Expert Admissible (access required)

In this personal injury suit in which defendant has admitted liability for an auto accident, the Roanoke U.S. District Court will admit plaintiff’s evidence showing that defendant’s medical expert has received $524,045 in fees from defendant’s carrier, State Farm, as ...

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