Where a plaintiff in bankruptcy alleged a bank and mortgage company violated an automatic stay and committed fraud, his action was dismissed for failure to state a claim. His suit against a debt collector for allegedly violating the Federal Debt ...

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

Where one party pleaded the other failed to perform under a written contract and, alternatively, breached an oral contract for the same work, the written contract claim was dismissed because it did not plead compliance with a condition precedent, but ...

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

Where a magistrate judge in the Western District of Virginia ordered the defendant transferred to the Western District of Texas, after finding he was the person named in a warrant issued by that court, the defendant could appeal that decision ...

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

Even if a claim for cancellation by registration under section 18 of the Lanham Act can be brought in federal court, the claim here was not plausible. Background Plaintiff CFA Institute initiated this action against defendants alleging, among other things, ...

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

Where the underlying suit alleged a doctor committed a series of intentional acts against his former coworkers, including brandishing a weapon, the doctor’s homeowners’ insurer had no duty to defend or indemnify him because the injuries were not the result ...

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

Where a woman sued medical personnel who treated her after a suicide attempt seeking to enjoin future treatment, her claim for injunctive relief was speculative and the University of Virginia Medical Center was granted judgment. Her claim, which came one ...

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

Where a former employee of the Virginia Department of Motor Vehicles sought over $1.8 million in fees and costs, the magistrate judge reduced the amount to approximately $938,000. The parties then reached a settlement on the amount of fees, costs ...

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

Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are ...

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

Where a court concluded it had jurisdiction over alleged “alt-right” journalists and publishers sued for defamation in connection with articles about the “Unite the Right” rally, that court has certified portions of its decision for immediate review by the Fourth ...

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

Where three individuals who pleaded guilty to conspiracy for their roles in the “Unite the Right” rally in Charlottesville did not demonstrate they would not pose a danger to others upon release, their motion seeking release on bond pending appeal ...

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