Where the estate of a man alleged that Winchester police shot and killed him, and then engaged in a conspiracy to cover up the alleged police shooting, but the jury returned a verdict for the officer after only 93 minutes ...

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

Where the charge of discrimination filed by an employee asserted only a claim for disability discrimination; did not check the box for “retaliation” or for “other” to specify a failure-to-accommodate or an interference charge and did not discuss any facts ...

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

Although a supervisor’s performance review noted that an employee struggled with the computer and needed “assistance with technology at times,” that did not raise a reasonable inference of unlawful disability discrimination. Background Patricia Newell worked at Carter Bank & Trust, ...

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

Where a former Virginia Tech student alleged that the university violated his procedural Due Process rights, but he failed to identify a policy or custom that conferred a property right in continued enrollment, this claim was dismissed. Background John Doe ...

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

Where the parties’ contract required “exclusive venue in Giles County, Virginia” for disputes arising under the contract, and there is no federal court in Giles County, enforcement of the forum selection clause required remand to the circuit court. Background This ...

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

Where a man moved to intervene in an unlawful detainer action over real property, because he allegedly stored personal property at the property, and the man then filed for bankruptcy protection, his motion to withdraw the reference and transfer the ...

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

Where a hospital failed to allege that the presence of SARS-CoV-2 droplets in the air and on surfaces in its facilities constituted physical alteration to its property, it wasn’t entitled to coverage under a business interruption policy. Background This matter ...

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

Where the government alleged the defendant provided fraudulent documents to the government via his attorney, but the documents were provided while the parties were discussing and negotiating a written plea offer and statement of facts, they were excluded by Federal ...

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

A doctor who was physically present in North Carolina but examined a patient in Virginia through a telemedicine program had his motion to dismiss for lack of jurisdiction and for failure to state a claim rejected by a federal court. ...

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

Although a doctor who allegedly examined the Martinsville-based patient through a telemedicine program was physically present in North Carolina, there was personal jurisdiction over the doctor. The doctor’s alleged tortious actions are considered to have occurred in Virginia since the ...

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