Although the corrections officer has notice of the suit in which he was named as a defendant, he established that he was not properly served because the complaint was not left at his “usual place of abode.” The court, however, ...

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

Inmates at the correctional center and officials from the Virginia Department of Corrections previously reached a settlement agreement that sought to provide for constitutionally adequate medical care. The court concluded, however, that defendants breached that contract in material and significant ...

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

Given the defendant’s motives and criminal record; the two law enforcement officers’ experience, candor and consistent testimony; contemporaneous notes and the record of investigation, the court found the officers more credible than the defendant on whether he had been advised ...

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

In denying one title company’s motion to dismiss, the court said that although the defendant title company argued the plaintiff’s damages were below the jurisdictional threshold, because a limitation of liability provision in the parties’ agreement or the plaintiff’s conduct, ...

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

Plaintiffs who challenged the constitutionality of a Virginia law that requires the automatic suspension of drivers’ licenses for failure to pay state court fines and costs won a preliminary injunction, as they demonstrated there were insufficient procedures in the law ...

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

Because the defendant had notice of the charges against him; received notice of the date, time and place of his removal hearing; attended that hearing, where he had a fair opportunity to be heard by the immigration judge; and offered ...

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

Despite the deficiencies in the initial notice to appear, the defendant appeared at the deportation hearing, did not argue he was denied an opportunity to be heard and did not offer a substantive argument that there was a reasonable probability ...

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

A Honduran man had his illegal reentry charge dismissed after a judge found that material defects in a 2002 order requiring him to appear for an immigration hearing were sufficient for him to successfully challenge his deportation order. Background Ramos-Delcid ...

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

The assertions made in a breach of contract suit brought by a producer of firewood against a company that agreed to purchase its product did not give rise to claims for fraudulent inducement, quantum meruit and tortious interference. Background Cremium ...

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

An openly gay woman who was terminated as deputy chief of police can sue the Town of Bedford for discrimination under Title VII of the Civil Rights Act. Background For eight months, the Town of Bedford employed Carla Spencer as ...

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