A Roanoke U.S. District Court grants a 28 U.S.C. § 2255 motion to correct defendant’s sentence under the Armed Career Criminal Act, in light of Johnson v. U.S., 135 S.Ct. 2551 (2015); because defendant’s Virginia statutory burglary conviction only qualifies ...

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

In plaintiff’s suit alleging sex discrimination and harassment and assault and battery, a Roanoke U.S. District Court Magistrate Judge partially grants defendant employer’s motion to seal an exhibit allegedly involving an investigation into an unrelated matter involving nonparty employees; the ...

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

This case was tried Oct. 24-25, 2016 as a bench trial. The plaintiff administrator al­leged and proved that the decedent William Lovell died on Feb. 18, 2012, as a result of medical malpractice that occurred during a Jan. 30, 2012, ...

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

Although a male store manager hugged female employees and commented on their clothing, make-up and general appearance, and also directed such comments to plaintiff, a female management trainee, plaintiff has only referenced rude or unprofessional comments, at worst, and defendant ...

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

A Roanoke U.S. District Court awards a veteran’s estate $793,423 in their wrongful death suit against physicians at the Salem VA Medical Center who were negligent in performing gall bladder surgery on the 65-year-old decedent. Gallbladder surgery During the surgery, the ...

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

In a hospital’s bill of costs to collect from a woman who lost her False Claims Act suit involving hospital billing practices, the hospital cannot collect fees for private process servers; the Harrisonburg U.S. District Court awards the hospital $8,445.50 ...

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

Plaintiffs, who are suing their former business partner in operating an Asian-American restaurant, cannot sue defendant for trademark infringement of the “Mimosa Asian Fusion” name and logo, as the parties’ pending state court litigation has not resolved what rights defendant ...

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

A consultant who sued for a fee for his services to defendant developer in procuring Historic Tax Credit investors for potential renovation of the former Battery Maritime Building in New York City has plausibly alleged he is owed a fee ...

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

A tow-truck driver who was driving a just-towed tractor-trailer, with the truck driver’s permission, to a portion of a mountain road to allow the truck driver to continue his journey, likely has insurance coverage as a permissive driver under the ...

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

An ultrasound technologist’s “vague concerns” about defendant hospital’s per­formance of certain ultrasounds and bill­ing practices, which primarily related to possible underbilling, were not “protected activity” under the False Claims Act, and the hospital wins summary judgment on plaintiff’s claim that ...

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