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Tag Archives: Judge Norman K. Moon

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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Bon Mots: February 2018

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 ...

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WDVA: Prior indecent exposure not per se threat to safety (access required)

An apartment management company could not categorically deny tenancy to an applicant with a prior conviction for indecent exposure, stemming from a period where he was not on medication for a mental-health condition. Background In 2016, Plaintiff Annette Simmons requested ...

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WDVA: No personal jurisdiction over CA Porsche dealer (access required)

A Virginia buyer could not bring suit in the Commonwealth against a Los Angeles-based Porsche franchise because, although the transaction was within the scope of Virginia’s long-arm statute, the dealer did not purposefully avail itself of the privilege of conducting ...

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