Charlottesville officials did not effectuate a “heckler’s veto” of a Unite the Right rally because plaintiffs – a rally organizer and an attendee – had no constitutional right to state protection from private parties who try to suppress speech and ...

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

Where a former Washington & Lee student challenging his suspension for allegedly engaging in nonconsensual sexual intercourse with a fellow student could not assert a negligence claim against the university because it did not owe him a duty of care ...

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

Disputes over expert testimony and other evidentiary issues were resolved in advance of a trial over damages arising from the construction of a bridge over Interstate 81. Background This matter is before the court on the seven pretrial motions submitted ...

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

A company constructing a 600-mile natural gas pipeline was awarded an easement after the property owner failed to respond to the complaint in condemnation. The defaulting party was awarded $602.17 in compensation based on the condemnor’s expert opinion. Background This ...

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

A bank’s post-judgment argument that the Secretary of Labor could not seek damages on behalf of an employee stock ownership plan, or ESOP, was contrary to the plain language of the statute and controlling precedent. Background The Secretary of Labor ...

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

Atlantic, the company constructing the ACP natural gas pipeline, was awarded an easement required to construct the pipeline after the property owner failed to respond to the complaint in condemnation. The defaulting party was awarded $420 based upon the condemnor’s ...

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

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