Where companies sued their insurer for their losses stemming from the COVID-19 pandemic and several state governments’ orders temporarily suspending certain business in an effort to combat COVID-19, the insurer’s motion to dismiss was granted. The suit was foreclosed by ...

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

A husband’s attempt to foist upon his wife any potential liability for alleged violations of state and federal housing discrimination laws at a property they co-own was thwarted in federal court. After learning that a tenant couple was expecting a ...

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

An assistant principal’s hostile workplace, constructive discharge and retaliation claims have survived dismissal in federal court after a county school board ignored the racial discrimination she allegedly experienced in the wake of the board’s implementation of an anti-racism policy. The ...

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

Where a photographer suing for unauthorized use of his photograph failed to disclose his actual damages in his Rule 26 disclosures, but the defendant was aware the photographer was seeking such damages, had information regarding such damages well before trial ...

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

Where an employee spoliated electronically stored information, and the missing evidence could not be restored or replaced by the parties’ good-faith effort, the employee was denied leave to amend his complaint, resulting in the effective dismissal of his suit. Background ...

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

Where a mother sued the Rockbridge County Department of Social Services, or DSS, for removing her children from their schools, the suit was dismissed. The Rockbridge DSS was immune from several claims and the remaining claims failed as a matter ...

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

Where tenants alleged their husband-and-wife landlords violated federal and Virginia law by stating a discriminatory policy or preference against renting to families with children, and the husband argued all the communications were only with the wife, his motion to dismiss ...

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

Where a former employee of the Albemarle County School Board alleged that she felt compelled to resign after experiencing repeated race-based comments that caused her mental and emotional distress, and after the school board did not intervene or act to ...

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

Where defendants argued a company lacked standing to assert a trademark cancellation claim because they had voluntarily surrendered the trademark, the court rejected that argument. The company alleged it was damaged prior to the voluntary surrender, which was sufficient to ...

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

Where defendants showed they had meritorious defenses to the breach of contract suit, that they acted with reasonable promptness and there was no prejudice to the plaintiff or history of dilatory action by the defendants, the default judgment was vacated. ...

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