A workplace discrimination lawsuit made by an openly gay female former deputy chief of the Bedford Police can go forward, a Lynchburg federal judge has ruled, finding that the claim was based on her sex, making a member of a ...

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

A law firm’s claim that a magistrate judge used only Southwest Virginia rates, which are generally lower, in his report and recommendation for fees is unfounded, as the report clearly indicates the judge included central Virginia cities as well in ...

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

Plaintiff, a Muslim inmate, alleged prison officials violated his rights under the Religious Land Use and Institutionalized Persons Act and the First Amendment’s Free Exercise Clause by denying him a Muslim meal. Although the court dismissed several claims, it held ...

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

A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

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

Even though a plaintiff male employee admitted his male workplace tormenter was not homosexual, the co-worker’s alleged persistent, sexually charged harassment was enough to let a Title VII hostile work environment claim go to trial, a federal judge has ruled. ...

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

A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

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

A recent U.S. Supreme Court case did not require dismissal of putative class claims that might arise from illegal prerecorded calls to class members outside Virginia. While that approach may be logical in the mass-tort context, it is unnecessary in ...

Tagged with: Civil Procedure Class Action Consumer Protection Federal Jurisdiction Judge Norman K. Moon U.S. District Court - Western District

A plaintiff’s hostile-work-environment claim against his employers can proceed to trial. The plaintiff presented evidence of severe and pervasive harassing conduct based on sex, with no response by their supervisor. Despite firing both the harasser and the supervisor, the defendants ...

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

In a § 1983 action by a former jail inmate, default judgment was granted against a jail employee who failed to appear despite being properly served. The court found that the employee sexually assaulted and raped the inmate and, after ...

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

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge David A. Oblon Judge Henry Coke Morgan Jr. Judge John A. Gibney Jr. Judge Norman K. Moon Judge Robert E. Payne Judge Roger L. Gregory Judge William G. Petty