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 ...

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

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, ...

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

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 ...

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

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 ...

Tagged with: Arbitration Business Law Contract Employment Employment Law Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

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

ROANOKE – A Roanoke federal judge said a police officer fighting for his reputation cannot suppress potentially discrediting information that could affect dozens of convictions. The decision removed a potential roadblock to an unusual action by Western District federal prosecutors. ...

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

In a negligence action following the plaintiff’s collision with an ambulance, the volunteer driver’s company was an instrumentality of the state and, thus, exempt from liability arising from its contract with Frederick County. Background Defendant Gore Volunteer Fire Company provides ...

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

A panel of federal appeals judges had sharp questions last month about why federal prosecutors are resisting a fix for a drug defendant sentenced to 12 years in prison under a mistaken standard. A mutual mistake about application of a ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael F. Urbanski Judge Robert B. King Judge Stephanie D. Thack­er

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

Tagged with: Custody Domestic Relations Family Law International Law Judge Michael F. Urbanski U.S. District Court - Western District