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Tag Archives: Judge Michael F. Urbanski

Jurisdiction lacking over collection company owner (access required)

Because the plaintiff failed to sufficiently allege contact or connection between the owner of a debt collection agency and her FDCPA claim in the Western District, the court lacked personal jurisdiction. Background Betty West alleges that Americas Processing Center, Inc. ...

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Plaintiff could nonsuit after defendant’s motion to dismiss (access required)

Defendant objected to plaintiff’s notice of voluntarily dismissal without prejudice, which plaintiff filed after defendant moved to dismiss the suit. Defendant argued its motion to dismiss was actually a motion for summary judgment because it relied upon additional documents. The ...

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Young woman suffered head injury in wreck – $850,000 Verdict (access required)

On July 28, 2017, the plaintiff was a 17-year-old rising high school senior who was driving a Saturn in the right lane on Interstate 81 near Staunton when a tractor-trailer merged into the back of her car, causing it to ...

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Third-party contracts could be double dealing (access required)

A factfinder could conclude that a rail company bargained in bad faith in its contract with a coal shipper. Evidence supported an inference that the rail company actively incentivized third parties to frustrate the shipper’s performance and then refused good-faith ...

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WDVA: Complaint served 227 days post-filing can proceed (access required)

As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

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WDVA: Bankruptcy firm’s revoked practice privileges affirmed (access required)

After an initial stay pending appeal, the district court reinstated the revocation of privileges for UpRight Law LLC and related entities to practice before the bankruptcy court. Revocation was based on the defendants’ unethical business practices that preyed on bankruptcy ...

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WDVA: Exhibits filed publicly won’t be sealed (access required)

A detective seeking to clear his name in connection with several criminal cases presented no countervailing interest to the public right of access to exhibits he had attached to an earlier public filing. The exhibits contained his personal employment records, ...

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WDVA: Diversity-based school staffing claims survive dismissal (access required)

A white high school principal can proceed with discrimination claims against the school board, which allegedly demoted her after the superintendent implied that school staff should “look like” the student body. Background Plaintiff Angela Weinerth is a white female over ...

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WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

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WDVA: Contribution claim was time-barred, not unripe (access required)

A business owner suing his partner for contribution to their company’s shared debt could assert the claim even if he had not completely satisfied the debt, but he had not done so within the three-year limitations period. Background Plaintiff Timothy ...

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