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Judge Norman K. Moon

Sep 19, 2023

Jury to decide who is on hook for $207K loss

Where two companies were both victimized by a fraudster, resulting in a $207,000 loss suffered by one of the companies, a jury will decide which one failed to act reasonably in preventing the fraud and who, if either, was most at fault for enabling the fraud. Background The LCF Group Inc. purchases future receivables of […]

Sep 6, 2023

Company vacates entry of default in FMLA suit

Where a change in a company’s legal department resulted in it failing to timely respond to a complaint alleging it violated the Family and Medical Leave Act, but the company acted the same day it was apprised of the entry of default, its motion to vacate entry of default was granted. Background On May 22, […]

Man on horseback
Sep 4, 2023

Tased horseman’s excessive force claims clear bar

A man on horseback sufficiently alleged excessive force claims against a Lynchburg police officer who tased him when he fled the attempted service of a permitted warrant, the Western District of Virginia found.

Aug 30, 2023

Police officer sued for tasing man on horse

Where a Lynchburg police officer allegedly tased a man riding on a horse during an attempt to serve a permitted warrant, the man’s excessive force claim survived the officer’s motion to dismiss. Background Steve Rucker Jr. alleges that Lynchburg police officer Zachary Miller violated his Fourth Amendment rights by unjustifiably tasing plaintiff. Plaintiff brings this […]

Aug 30, 2023

Firearms manufacturer sues for stolen trade secrets

Where a firearms manufacturer alleged facts plausibly suggesting its former distributor and employees stole trade secrets, including product designs and production blueprints, its claims for violation of state and federal trade secret laws, conversion, state statutory business conspiracy and tortious interference with contract survived the motion to dismiss. Background Makina ve Kimya Endustrisi A[...]

Aug 15, 2023

Franchisor’s suit against former franchisee dismissed

Where a franchise agreement waived the franchisor’s right to unpaid and/or future royalty fees, national marketing fund contribution and/or other fees owed post-termination, the franchisor’s breach of contract claim for allegedly unpaid minimum royalties, technology fees and contract center fees was dismissed. Background This case arises out of an alleged breach of a franchise agreement [&hell[...]

Aug 7, 2023

Failure to exhaust admin remedies dooms tort claim

Where a woman failed to exhaust her administrative remedies before filing suit for injuries alleged suffered in an auto accident involving a government employee, her suit was dismissed. Background This case arises out of injuries Cristina Campos suffered when an employee of the Department of Homeland Security and the United States Secret Service rear-ended plaintiff’s […]

Jul 24, 2023

Private process server fees unrecoverable

Where prevailing parties filed a bill of costs to recover private process service fees, that request was denied. While the Fourth Circuit has not yet spoken on the issue, and other circuits are split on the issue, the recent trend in the Western District of Virginia is to deny such requests because federal courts cannot […]

Jul 3, 2023

Employer not liable for alleged hostile work environment

Where the record showed an employer acted promptly after its employee received three anonymous racist letters, and the response was reasonably calculated to end the harassment, the employer prevailed on the hostile work environment claim. Background Kimberly Washington, an African American, raises several claims against her employer, Offender Aid and Restoration of Charlottesville-Albemarle Inc., [...]

MRI machine
Jul 3, 2023

Doctor’s retaliation claim against medical practice heads to jury

A Lynchburg doctor who was “permanently banned” by his employer four days after filing a government complaint about billing practices will have his retaliation case decided by a jury. The plaintiff filed suit alleging violations of the False Claims Act, or FCA, and Virginia Fraud Against Taxpayers Act by alleging the medical practice retaliated against […]

Jun 22, 2023

Court lacks jurisdiction over intra-tribal dispute

Where members of the Monacan Indian Tribe alleged that defendants were not entitled to certain federal funds because they were not tribal officials, the court lacked jurisdiction to resolve the dispute because it would depend upon the court interpreting and applying Monacan bylaws and laws. Background Plaintiffs in this case are members of the Monacan […]

Jun 22, 2023

Officials sued for delayed skin cancer treatment

Where a detainee alleged facts plausibly suggesting that medical and correctional officials had knowledge of his skin cancer, but delayed treating it or setting his dermatology appointment, his deliberate indifference claim survived their motion to dismiss. Background Nicholas Tierney brings a § 1983 claim against Qing Liu, MD, a jail’s medical director, and several jail […]

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