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Judge Norman K. Moon

Jul 24, 2023

Private process server fees unrecoverable

Where prevailing parties filed a bill of costs to recover private process service fees, that request was denied. While the Fourth Circuit has not yet spoken on the issue, and other circuits are split on the issue, the recent trend in the Western District of Virginia is to deny such requests because federal courts cannot […]

Jul 3, 2023

Employer not liable for alleged hostile work environment

Where the record showed an employer acted promptly after its employee received three anonymous racist letters, and the response was reasonably calculated to end the harassment, the employer prevailed on the hostile work environment claim. Background Kimberly Washington, an African American, raises several claims against her employer, Offender Aid and Restoration of Charlottesville-Albemarle Inc., [...]

MRI machine
Jul 3, 2023

Doctor’s retaliation claim against medical practice heads to jury

A Lynchburg doctor who was “permanently banned” by his employer four days after filing a government complaint about billing practices will have his retaliation case decided by a jury. The plaintiff filed suit alleging violations of the False Claims Act, or FCA, and Virginia Fraud Against Taxpayers Act by alleging the medical practice retaliated against […]

Jun 22, 2023

Court lacks jurisdiction over intra-tribal dispute

Where members of the Monacan Indian Tribe alleged that defendants were not entitled to certain federal funds because they were not tribal officials, the court lacked jurisdiction to resolve the dispute because it would depend upon the court interpreting and applying Monacan bylaws and laws. Background Plaintiffs in this case are members of the Monacan […]

Jun 22, 2023

Officials sued for delayed skin cancer treatment

Where a detainee alleged facts plausibly suggesting that medical and correctional officials had knowledge of his skin cancer, but delayed treating it or setting his dermatology appointment, his deliberate indifference claim survived their motion to dismiss. Background Nicholas Tierney brings a § 1983 claim against Qing Liu, MD, a jail’s medical director, and several jail […]

Signing insurance policy documents
Jun 19, 2023

Carrier has duty to defend in wrongful death shooting

An insurance carrier has a duty to defend a man who pled guilty to second-degree murder in a wrongful death suit after a federal judge ruled that it was possible a jury could conclude the man acted negligently or unintentionally. The carrier, State Farm, sought declaratory judgment on the basis that the conduct at issue […]

Jun 5, 2023

UIM suit dismissed against carrier

Where an uninsured motorists, or UIM, carrier’s obligation arises only after judgment is entered against a tortfeasor, and the complaint here did not allege any judgment was entered against a tortfeasor, it was dismissed. Background Jacqueline Johnson brings breach of contract and breach of good faith and fair dealing claims against Nationwide Mutual Insurance Company […]

Jun 5, 2023

Carrier has duty to defend wrongful death shooting suit

Where a man fatally shot a woman, and then pleaded guilty to second-degree murder, but this court would not consider his guilty plea, and it was possible a jury might conclude that he acted negligently or unintentionally, the carrier had a duty to defend him against the wrongful death suit. Background On Dec. 1, 2020, […]

Jun 5, 2023

Excessive force claims against city proceed

A plaintiff’s constitutional claims against a city for its police officers’ repeated usage of excessive force have survived dismissal in the Western District of Virginia after the court found the pleadings supported four theories of liability. The plaintiff sued the City of Lynchburg and some of its officers after he was attacked by police dogs […]

Jun 1, 2023

Lynchburg fails to dismiss excessive force claims

Where a man suing the City of Lynchburg for excessive force alleged facts making it plausible that the city condoned a practice so persistent and widespread as to constitute a custom or usage with the force of law, his claim survived the city’s motion to dismiss. The man also plausibly alleged claims for failure to […]

Jun 1, 2023

Jury to decide if LHRA is liable for voiding contract

Where the Lynchburg Redevelopment and Housing Authority, or LRHA, voided a contract for security services, a jury will decide if the contract award was arbitrary or capricious and if the security system manufacturer mitigated its damages. Background Ocean 10 is the manufacturer of the TSUNAMI system, an advanced, mobile security camera surveillance system. Ocean 10 […]

Judge Norman Moon
May 22, 2023

Defense verdict follows flurry of motions, sanctions

A long-haul of a case filed in the Western District of Virginia by motorists claiming a tractor trailer driver was liable for injuries they received during a multivehicle accident on the interstate has reached the end of the road after a jury found the truck driver wasn’t negligent. In the months leading to trial, the […]

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