Plaintiffs’ motion to amend their complaint against their employer and corporate officers was granted with respect to new federal claims, denied without prejudice with respect to a malicious prosecution claim and denies with prejudice with respect to the Bowman claim, ...

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

A former state employee’s claim that her employer publicized issues about her insubordination, attendance and incompetence was insufficient to state a claim under § 1983 because these statements all related to plaintiff’s job performance, which does not rise to the ...

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

Although law enforcement interviewed the defendant for two hours in his mother’s living room about his possible involvement in child pornography, the officers were not required to give him Miranda warnings because he was not subjected to restraints of the ...

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

The plaintiffs’ failure to provide an expert report meant their physician would be limited to testifying as to his treatment of the plaintiffs and the opinions reflected in his records, and not about possible future complications or treatments. Background Plaintiffs ...

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

A former prosecutor who claimed she was unlawfully fired from the Carroll County commonwealth’s attorney’s office has had her federal employment lawsuit tossed out of court. Colette M. Wilcox, who now practices in Bristol, alleged her wrongful termination hurt her ...

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

In granting the government’s motion to dismiss without prejudice an indictment for fraud against managers of a health care company, the court found defendants conflated prejudice arising from the investigation and indictment with prejudice arising from a delay in trial. ...

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

A termination suit brought by the CEO of a state agency was dismissed without prejudice because he failed to allege facts proving his filing of a whistleblower complaint charging waste and misuse of funds was the cause of his firing ...

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

ROANOKE — A “Bench and Bar Fund” in the federal courts of the Western District is designed to assist lawyers working on pro bono civil cases and to support court educational programs. The money will come from out-of-state lawyers. The program ...

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

Parties who claimed that sensitive and confidential personal information was at risk of being exposed in a suit brought by an insurer will not be allowed to intervene as defendants. Background RLI Insurance Company and Nexus Services Inc. entered into ...

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

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