Where an electric cooperative did not exercise the rights granted by a Virginia statute that purported to broaden the scope of existing electrical easements to include the right to use them to install and operate broadband without further compensation to ...

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

Where a woman was previously ordered to pay restitution for her mail and wire fraud convictions, the government could enforce a judgment lien on her Virginia home. Although she argued she was not in default of her obligation because she ...

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

Where rival ice cream truck owners dispute the right to use a banana split photograph, but the plaintiff didn’t register the photo until after the alleged infringement, it may not recover statutory damages or attorneys’ fees. However, because it did ...

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

A nurse claiming she was fired for raising concerns about her hospital’s refusal to accept certain patients has a whistleblower claim under the Emergency Medical Treatment and Labor Act, a federal judge in Lynchburg has ruled. The nurse also has ...

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

Where a registered nurse alleged that she was terminated four days after she complained that the hospital’s refusal to accept children in need of immediate emergency psychiatric care violated federal law, she plausibly stated a claim for whistleblower retaliation. Background ...

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

Where the Town of Culpepper could end its lease with a movie chain if theater operations ceased for 120 days, its termination was not improper when the theater was closed because of COVID. Although the chain argued it was conducting ...

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

Where the United States showed a law firm was liable for unpaid employment and unemployment taxes, funds which it withheld from its employees’ wages but failed to remit to the IRS, the government was awarded $219,496.82, plus statutory interest and ...

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

Where the plaintiff’s allegations focused on an alleged false arrest, but he did not plausibly allege how the officer seized him “pursuant to legal process,” his malicious prosecution claim was dismissed. Background On June 7, 2019, Craig Graves filed a ...

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

Where the 4th U.S. Circuit Court of Appeals previously held that a plaintiff who won a preliminary injunction that was not reversed or modified, but whose case was later dismissed as moot, is not a “prevailing party” entitled to attorneys’ ...

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

Where employees of a waterproofing company alleged it willfully violated the Fair Labor Standards Act, or FLSA, by failing to pay them for work performed in excess of 40 hours despite knowing they were working extra hours, those allegations were ...

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