On July 28, 2017, the plaintiff was a 17-year-old rising high school senior who was driving a Saturn in the right lane on Interstate 81 near Staunton when a tractor-trailer merged into the back of her car, causing it to ...

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

A factfinder could conclude that a rail company bargained in bad faith in its contract with a coal shipper. Evidence supported an inference that the rail company actively incentivized third parties to frustrate the shipper’s performance and then refused good-faith ...

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

As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

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

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