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Tag Archives: Judge Norman K. Moon

Portions of Anti-Riot Act held unconstitutional (access required)

Although sections of the anti-riot act failed to bear the requisite relation between speech and lawlessness, the convictions of two defendants for violent participation in three white supremacist rallies were affirmed because their conduct fell under the statute’s surviving provisions. ...

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Settlement over election signature requirement approved (access required)

Where the League of Women Voters of Virginia and the Virginia State Board of Elections reached a settlement enjoining the witness signature requirement for absentee ballots for elections on Nov. 3, 2020, the agreement was fair and reasonable, and was ...

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Nurse fails to allege she was retaliated against (access required)

Where a nurse failed to allege facts showing the UVA Medical Center treated her differently than similarly situated employees after she lodged sexual harassment complaints against two co-workers, her retaliation claim was dismissed. Background In her amended complaint, Tina McCoy ...

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Policyholder can’t recoup over $622K in life insurance premiums (access required)

Although the policyholder alleged he was fraudulently induced into purchasing the life insurance policy, he failed to show a false statement of material fact was made, and the fraud claim was barred by the economic loss rule. As such, the ...

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Lack of official policy dooms § 1983 claims against city (access required)

Six claims asserted against the City of Lynchburg under 42 U.S.C. § 1983 were dismissed because there were insufficient allegations of a policy statement, ordinance, regulation, or decision officially adopted and promulgated that related to the excessive force, conspiracy, failure ...

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Superintendent’s response to criticism not clearly unlawful (access required)

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

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Former controller fails to demonstrate wage discrimination (access required)

Significant differences between the plaintiff and her comparator doomed her sex-based wage discrimination claims under both the Equal Pay Act and Title VII. Background Shelly Lee, a former employee of Belvac Production Machinery Inc., brought suit against the company seeking ...

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Deed of trust did not incorporate federal regs (access required)

Claims by homeowners that defendants did not follow federal regulations during foreclosure proceedings failed because the deed of trust did not make clear that the parties intended to incorporate the regulations. Background Plaintiffs allege entering into a mortgage loan contract ...

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Employee terminated for misconduct, not whistleblowing (access required)

A Dominion Energy maintenance supervisor terminated after violating safety procedures and falsely recording his working time failed to show his termination was because of his alleged whistleblowing. Background In 2002, Walter Madison began working at Dominion’s North Anna Power Station. ...

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Delay in pursuing return of privileged document is fatal (access required)

County officials could not claw-back a purportedly privileged report prepared during an internal investigation because any privilege or protection was waived by the county’s significant delay in attempting to retrieve the files after learning they had been given to plaintiff’s ...

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