Please ensure Javascript is enabled for purposes of website accessibility

Judge Norman K. Moon

Oct 17, 2023

Court lacks jurisdiction over estate dispute

Where a suit was filed over intra-familial mistreatment and misrepresentations in probate proceedings, but there was neither federal question nor diversity jurisdiction, the suit was dismissed. Background On Aug. 11, 2023, the court dismissed plaintiff’s pro se complaint for lack of subject matter jurisdiction. The same day, plaintiff filed a response indicating that she had […]

Oct 17, 2023

Officers dismiss traffic stop excessive force claim

Where officers drew their firearms after coming upon an investigatory stop where other officers had already drawn weapons to perform the stop, the excessive force claim against the arriving officers was dismissed. Background Devann Dillard, an African American male, brings state and federal law claims against the City of Lynchburg and its police officers, alleging […]

Marijuana on top of prescription form
Oct 8, 2023

Nonprofit directors immune from VNCA claim

The uncompensated directors of a nonprofit organization didn’t engage in “willful misconduct or a knowing violation of the criminal law” and were immune from claims by former employees under the Virginia Nonstock Corporation Act, or VNCA, the Western District of Virginia held.

Sep 25, 2023

Nonprofit directors immune from ex-employees’ claims

Where uncompensated directors of a nonprofit organization did not engage in “willful misconduct or a knowing violation of the criminal law,” they were immune from claims by former employees under the Virginia Nonstock Corporation Act, or VNCA. Background Patients Out of Time, or POT, is a nonprofit organization. Michael Aldrich, Denis Petro, Irvin Rosenfeld, Melanie […]

Sep 25, 2023

City, employees immune from whistleblower claims

Where a woman alleged that the City of Lynchburg, its fire chief and its city manager violated Virginia’s Fraud and Abuse Whistle Blower Protection Act, the defendants were entitled to sovereign immunity against this claim. Background Mary Lynn Shumate alleges that the City of Lynchburg violated Title VII of the Civil Rights Act of 1964 […]

Sep 19, 2023

Jury to decide who is on hook for $207K loss

Where two companies were both victimized by a fraudster, resulting in a $207,000 loss suffered by one of the companies, a jury will decide which one failed to act reasonably in preventing the fraud and who, if either, was most at fault for enabling the fraud. Background The LCF Group Inc. purchases future receivables of […]

Sep 6, 2023

Company vacates entry of default in FMLA suit

Where a change in a company’s legal department resulted in it failing to timely respond to a complaint alleging it violated the Family and Medical Leave Act, but the company acted the same day it was apprised of the entry of default, its motion to vacate entry of default was granted. Background On May 22, […]

Man on horseback
Sep 4, 2023

Tased horseman’s excessive force claims clear bar

A man on horseback sufficiently alleged excessive force claims against a Lynchburg police officer who tased him when he fled the attempted service of a permitted warrant, the Western District of Virginia found.

Aug 30, 2023

Police officer sued for tasing man on horse

Where a Lynchburg police officer allegedly tased a man riding on a horse during an attempt to serve a permitted warrant, the man’s excessive force claim survived the officer’s motion to dismiss. Background Steve Rucker Jr. alleges that Lynchburg police officer Zachary Miller violated his Fourth Amendment rights by unjustifiably tasing plaintiff. Plaintiff brings this […]

Aug 30, 2023

Firearms manufacturer sues for stolen trade secrets

Where a firearms manufacturer alleged facts plausibly suggesting its former distributor and employees stole trade secrets, including product designs and production blueprints, its claims for violation of state and federal trade secret laws, conversion, state statutory business conspiracy and tortious interference with contract survived the motion to dismiss. Background Makina ve Kimya Endustrisi A[...]

Aug 15, 2023

Franchisor’s suit against former franchisee dismissed

Where a franchise agreement waived the franchisor’s right to unpaid and/or future royalty fees, national marketing fund contribution and/or other fees owed post-termination, the franchisor’s breach of contract claim for allegedly unpaid minimum royalties, technology fees and contract center fees was dismissed. Background This case arises out of an alleged breach of a franchise agreement [&hell[...]

Aug 7, 2023

Failure to exhaust admin remedies dooms tort claim

Where a woman failed to exhaust her administrative remedies before filing suit for injuries alleged suffered in an auto accident involving a government employee, her suit was dismissed. Background This case arises out of injuries Cristina Campos suffered when an employee of the Department of Homeland Security and the United States Secret Service rear-ended plaintiff’s […]

Verdicts & Settlements

See All Verdicts & Settlements

Opinion Digests

See All Digests