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Tag Archives: Judge Norman K. Moon

Waiver of privilege: Delay moots effort to ‘claw back’ in-house report (access required)

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Despite a claim of attorney-client privilege, a county government cannot claw back a candid report warning the county about a “male dominated” culture in its fire and rescue department. A federal judge says because Bedford County lawyers waited 40 days ...

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UVa dorm contractor has defense to subcontractor’s claim (access required)

Although a general contractor on a dormitory project at the University of Virginia failed to respond to a subcontractor’s complaint over unpaid invoices by the due date, its motion to vacate default was granted. The general contractor had a meritorious ...

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More than $930,000 in fees awarded in medical case (access required)

In litigation over adequate medical care to inmates at the Fluvanna Correctional Center for Women, the claimed fees were significantly reduced because of vague billing entries, duplicative efforts, overstaffing and excessive hours. Background This action is an Eighth Amendment class ...

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Fluvanna Correctional Center breached settlement agreement (access required)

By not providing quarterly reports on their compliance with their obligations in the settlement agreement, Fluvanna Correctional Center for Women and the other defendants breached the settlement agreement. The center must start providing quarterly reports by Aug. 1, 2020, and ...

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Complaint, 109 pages long with 29 counts, against university dismissed (access required)

A 29-count suit filed by a disgruntled doctoral candidate at Liberty University was dismissed because there was no indication the plaintiff’s gender played any role, university policies and handbooks did not create a contractual relationship, the university did not owe ...

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Gun rights suit related to COVID-19 improperly removed (access required)

Where gun rights advocates challenged the governor’s closure order issued in response to COVID-19 solely under the Virginia constitution, the defendant’s removal to federal court fails because the suit did not arise under federal law, even if the right to ...

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Fair Debt claim goes forward; Fair Credit claim dismissed (access required)

Where the plaintiff plausibly alleged a company was a “debt collector” under the Fair Debt Collection Practices Act and was unfairly attempting to collect a debt, his FDCPA claim survived a motion to dismiss. But because a provision of the ...

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County cannot ‘halt’ federally approved pipeline project (access required)

Where the Federal Energy Regulatory Commission, or FERC, authorized the construction of an interstate natural gas pipeline, Nelson County could not “halt” construction by arguing the project violated local environmental regulations. Instead, the county’s floodplain regulations were preempted because they ...

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