Before a motion and documents are unsealed, an insurer has 14 days to show that less drastic alternatives to sealing are unavailable or would not provide sufficient protection. Background Plaintiff RLI Insurance Company filed a motion to seal its motion ...

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

Where an inmate claimed he was denied effective counsel because his lawyer met with him only twice, the court rejects the habeas writ  because there is no minimum number of meetings required of to provide effective representation. Other claims had ...

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

Virginia Tech’s ministerial acts in reporting the academic status of a student on an F-1 visa who was arrested for weapons possession did not violate the student’s due process rights. Background Yunsong Zhao came to the United States on an ...

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

In a case where motions to exclude both sides’ expert witnesses were denied, a jury should decide whether Hyundai is liable for the death of a woman crushed by its Santa Fe vehicle. Background Shannon Whitaker was crushed to death ...

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

The court granted a Republican Committee’s motion to vacate the stay of an injunction that had been guided by the public interest in mitigating confusion about the candidate selection process for the 2018 elections. Background This matter is before the ...

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

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. ...

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

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 ...

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

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 ...

Tagged with: Judge Michael F. Urbanski Personal Injury U.S. District Court - Western District Verdict

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 ...

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

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 ...

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