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Tag Archives: Judge Norman K. Moon

WDVA: Retaliation suit named wrong statute (access required)

A plaintiff alleging retaliation by his employer for an earlier charge of discrimination under the Age Discrimination in Employment Act could not rely solely on the retaliation provisions of Title VII of the Civil Rights Act. The statutes protect different ...

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WDVA: Despite state-law issues, abstention not warranted (access required)

Plaintiffs seeking to have their insurance company defend and indemnify them in underlying defamation actions in Virginia state court didn’t present any “good reason” for the federal court not to exercise diversity jurisdiction to interpret their policy coverage. Background Rickey ...

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WDVA: Stats needed more specificity, expert analysis (access required)

Plaintiffs who sued a police officer for discriminatory traffic stops could not prove their selective-enforcement claim with statistics that failed to establish true comparator groups and to incorporate interracial base rates for committing the offenses at issue. Background Plaintiff Rodney ...

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WDVA: Motion to compel caught in procedural labyrinth (access required)

Scheduling emails with a transferring judge’s chambers justified reconsideration of the plaintiffs’ motion to compel, initially denied on the court’s belief that the failed to set it for hearing, as well as the defendants’ motion for summary judgment. Background This ...

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WDVA: Court limits use of statistics, officer testimony (access required)

In a selective law-enforcement case asserting claims of race discrimination, the plaintiffs could use arrest records to show the defendant officer’s intent to discriminate, but not to show a discriminatory effect on similarly situated individuals. In addition, the plaintiffs could ...

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WDVA: Misuse defense not pre-empted by OSHA (access required)

In a workplace-injury suit, an equipment manufacturer had a duty to account for foreseeable misuses of its product, regardless of whether the specific workplace met federal safety standards. Background Plaintiff Corey Stowers was a maintenance worker at a Georgia Pacific ...

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WDVA: Inmate’s excessive force claims proceed to trial (access required)

Genuine disputes of material fact existed as to whether corrections staff assaulted an inmate and denied him due process before placing him in five-point restraints for 22 hours. However, the inmate could not offer facts allowing a reasonable factfinder to ...

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WDVA: Plaintiff couldn’t prove notice of hazard (access required)

Defendant Wal-Mart Stores seeks summary judgment in this slip-and-fall case. Virginia law applies. The only evidence in the record is the deposition testimony of Plaintiff Mary Diggs and her companion at Wal-Mart on the day in question. The facts drawn ...

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WDVA: Builder’s negligence, not inspectors’, caused loss (access required)

A VDOT contractor that had to tear down and rebuild a bridge due to defective construction could not attribute its losses to either of its two inspection companies. The contractor moved forward with the bridge construction even after both inspectors ...

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WDVA: Jury to consider hostile-work-environment claim (access required)

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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