Although sections of the anti-riot act failed to bear the requisite relation between speech and lawlessness, the convictions of two defendants for violent participation in three white supremacist rallies were affirmed because their conduct fell under the statute’s surviving provisions. ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Norman K. Moon

Where the League of Women Voters of Virginia and the Virginia State Board of Elections reached a settlement enjoining the witness signature requirement for absentee ballots for elections on Nov. 3, 2020, the agreement was fair and reasonable, and was ...

Tagged with: Constitutional Judge Norman K. Moon U.S. District Court - Western District

Where a nurse failed to allege facts showing the UVA Medical Center treated her differently than similarly situated employees after she lodged sexual harassment complaints against two co-workers, her retaliation claim was dismissed. Background In her amended complaint, Tina McCoy ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Although the policyholder alleged he was fraudulently induced into purchasing the life insurance policy, he failed to show a false statement of material fact was made, and the fraud claim was barred by the economic loss rule. As such, the ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

Six claims asserted against the City of Lynchburg under 42 U.S.C. § 1983 were dismissed because there were insufficient allegations of a policy statement, ordinance, regulation, or decision officially adopted and promulgated that related to the excessive force, conspiracy, failure ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Significant differences between the plaintiff and her comparator doomed her sex-based wage discrimination claims under both the Equal Pay Act and Title VII. Background Shelly Lee, a former employee of Belvac Production Machinery Inc., brought suit against the company seeking ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Claims by homeowners that defendants did not follow federal regulations during foreclosure proceedings failed because the deed of trust did not make clear that the parties intended to incorporate the regulations. Background Plaintiffs allege entering into a mortgage loan contract ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

A Dominion Energy maintenance supervisor terminated after violating safety procedures and falsely recording his working time failed to show his termination was because of his alleged whistleblowing. Background In 2002, Walter Madison began working at Dominion’s North Anna Power Station. ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

County officials could not claw-back a purportedly privileged report prepared during an internal investigation because any privilege or protection was waived by the county’s significant delay in attempting to retrieve the files after learning they had been given to plaintiff’s ...

Tagged with: Evidence Judge Norman K. Moon U.S. District Court - Western District