An employee who incurred medical expenses in excess of $286,000 after her health insurance was canceled for failure to remit premiums will proceed to trial against a former company officer because a reasonable factfinder could decide the officer exercised discretionary ...

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

Where an inmate at the Fluvanna Correctional Center for Women sought damages and injunctive relief alleging that a guard ordered her to show him her genitals, that conduct did not amount to a constitutional violation within the context of § ...

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

Where the plaintiffs seeking coverage for the fire damage to their home failed to name the correct defendant within the time required, because the proper entity within the corporate family had notice of the suit and would not suffer prejudice, ...

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

Where officials at the Red Onion prison were aware that video was relevant to an inmate’s claim that a guard sprayed him in the face and chest with oleoresin capsicum, and they failed to preserve the video, the Virginia Department ...

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

Where a former student brought 13 claims against Liberty University after being expelled from a doctoral program after disputes about her internships, all of her claims were dismissed, including those alleging breach of contract, negligence, tortious interference, fraud, defamation and ...

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

A Walmart customer who was injured when a bench broke while he was trying on shoes failed to show the store had notice about the bench’s dangerous condition. Although a store employee noticed that something “didn’t look exactly right,” as ...

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

Although the bank failed to satisfy a face-to-face meeting requirement contained in the deed of trust, that was insufficient to set aside the trustee’s deed and rescind the foreclosure sale. There was no allegation of fraud or collusion with the ...

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

Where a defendant whose drug conspiracy conviction was vacated and who remains incarcerated pending resolution of his appeal of an order denying a motion to dismiss on double jeopardy grounds, is a flight risk, the outbreak of COVID-19 was not ...

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

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

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

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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