An insurance company that issued thousands of immigration bonds at the request of Nexus Services  prevailed in a dispute over the parties’ indemnity agreement. Nexus was ordered to provide access to its books and records, deposit a reasonable amount as ...

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

Although a railcar was not being operated at the time a Norfolk Southern Railroad Company conductor fell off a culvert, the train was “in use” because it was on the mainline, the conductor was performing final tasks before the train’s ...

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

A doctor fired from a Danville practice group can go to a jury with his claim that he was terminated in violation of his employment contract on a trumped-up HIPAA claim. The doctor contends his complaints about office practices were ...

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

Where a debt collector promised to file a notice of satisfaction “upon receipt” of payment, and then garnished the plaintiff’s wages after receiving that payment, the deceptive email gave rise to a claim under the Federal Debt Collection Practices Act. ...

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

Where the same drug dealing conduct was the basis for counts of possession with intent to distribute and distribution of controlled substances, the counts required proof of different elements and were therefore not duplicitous. Background This matter is before the ...

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

Although the civil rights litigation helped set guiding precedent at the intersection of two constitutional rights, the attorney’s hourly rate was reduced to align with those in the district, travel time was compensated at 50% of the usual rate and ...

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

Where a defendant asked that he receive a nunc pro tunc designation of the Virginia Department of Corrections for service of his 70-month federal sentence, he received a recommendation that the Bureau of Prisons grant his request. Background This matter ...

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

Where photographs taken immediately after a woman fell on the edge of a pothole in a Costco parking lot showed the hole was not obscured or camouflaged, the woman could have, and should have, avoided stepping into the “open and ...

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

A jury will decide whether grapes on the floor caused a shopper at Sam’s Club to slip and fall, and whether Sam’s Club or its employees had actual or constructive notice of the grapes. As these are questions for the ...

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

While the court could not reach the merits of defendant’s claim that his trial counsel provided ineffective assistance regarding a plea deal because the claim was raised too late and had already been rejected by the Fourth Circuit, the trial ...

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