With multiple opinions by plaintiff’s treating healthcare providers and providers who reviewed her condition for defendant disability plan, the Roanoke U.S. District Court upholds denial of long-term disability benefits for plaintiff’s conditions of chronic pain, fibromyalgia and depression; plaintiff cannot ...

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

In this suit by a volunteer firefighter who alleges he resigned his position as treasurer of the nonstock Fire Department corporation and was suspended as a member after he raised issues about lack of funding and inadequate resources, the Harrisonburg ...

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

A Roanoke U.S. District Court denies petitioner’s motion to find him incompetent and to stay these federal habeas proceedings pending petitioner’s restoration to competency; petitioner’s present competence is irrelevant to the court’s consideration of his habeas petition. Petitioner was convicted ...

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

A drug manufacturer wins summary judgment in this failure to warn suit filed by the estate of a man who committed suicide after treatment with Lexapro, an SSRI antidepressant drug; both of decedent’s treating psychiatrists were independently aware of a ...

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

A Danville U.S. District Court says it has no jurisdiction to dissolve and/or modify a permanent injunction in this dispute over prayer prior to meetings of a local legislative body, as the matter is on appeal to the 4th Circuit; ...

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

Because defendant owners of shoreline property on Smith Mountain Lake expanded certain pre-existing boat docks, constructed new structures on their property and added fill to portions of the property that resulted in elevation changes, without the required approval of plaintiff ...

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

A hospital secretary who took FMLA leave for her migraine headaches cannot sue for retaliation after her discharge, as the hospital has demonstrated that she was terminated for her unauthorized use of her supervisor’s email; the Harrisonburg U.S. District Court ...

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

A jury verdict in an FMLA case was not “inconsistent” because the jury found for  plaintiff on her “interference” claim and for employer on plaintiff’s “retaliation” claim based on her termination, says the Harrisonburg U.S. District Court; plaintiff wins $25,258 ...

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

A Roanoke U.S. District Court says it has jurisdiction over an insurance company’s declaratory judgment action saying it has no duty to defend a karate studio against a state tort suit filed by a minor who alleges she was sexually ...

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

Although an extended warranty company told a car buyer her 2007 Honda Civic Hybrid was excluded from coverage under the warranty she purchased from the car dealer, the company’s letter directed her to return to the selling dealer, who allegedly ...

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