Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify ...

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

A trustee’s unjustified reliance on a stock valuation and its failure to conduct sufficient due diligence resulted in an Employee Stock Ownership Plan paying well over fair market value to purchase shares in the company that were owned by the ...

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

Because one of the defendants is alleged to be a resident of Virginia, as is the plaintiff, the case could not be removed to federal court on the basis of diversity jurisdiction, even if the Virginia defendant has not yet ...

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

The defendant failed to demonstrate any violation of his due process rights during the prior expedited removal hearing. As a result, the court rejected his collateral attack on the indictment. Background Defendant is a citizen of El Salvador who entered ...

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

A lawsuit challenging the constitutionality of a Virginia statute that automatically suspends drivers’ licenses for failure to pay state court fines and costs was stayed to allow the General Assembly an opportunity to repeal the statute. Background Before the court ...

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

Where plaintiffs voluntarily discontinued their first action against defendants just two months before trial because the attorney that replaced their initial counsel did not have sufficient time to prepare and shortly thereafter filed a nearly identical action against the same ...

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

An insurance company was not required to defend and indemnify its insured in a trademark and trade dress infringement lawsuit because the insurance policy included a provision excluding coverage for such lawsuits that was unambiguous and explicitly superseded any provisions ...

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

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act ...

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

On a Sunday evening, plaintiff was out for a walk with his family in a residential neighborhood in Lynchburg. Plaintiff was standing on some gravel between the pavement and the edge of the yard on the right hand side of ...

Tagged with: Judge Norman K. Moon Personal Injury U.S. District Court - Western District Verdict

Where a pipeline was denied permits for construction based on zoning regulations that had been enacted so that the county could participate in the National Flood Insurance Program, the regulations did not thereby achieve the status of federal law, and ...

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