Three plaintiffs who alleged they became ill after eating two bags of “Asian Chopped Salad” purchased from defendant Sam’s Club and produced by defendant Taylor Farms, have stated claims for willful and wanton negligence and gross negligence with allegations that ...

Tagged with: Judge Norman K. Moon Products Liability U.S. District Court - Western District

In this suit filed by a bank and a bond insurer against the city of Buena Vista and its recreational authority for breach of contract and fraud regarding defendant’s obligation to repay plaintiffs for refinancing a golf course in 2005, ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

A U.S. Forest Service officer who was directing traffic to turn around for a road closure due to a forest fire, and who recognized defendant as a driver whose license had been revoked, did not seize the driver when she ...

Tagged with: Judge Norman K. Moon Search & Seizure U.S. District Court - Western District

A former student and football player removed from defendant Liberty University following a determination that he had violated the Student Honor Code and the university’s Sexual Assault Policy has stated defamation claims against the university and the female student who ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

In this diversity case involving a contract dispute about delays to the design phase of a product relating to pulsar technology, the Lynchburg U.S. District Court grants defendant’s motion to compel arbitration; although the parties’ contract requires the parties to ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

In this litigation that arose after VDOT required a contractor to remove and replace a deck on a bridge construction project in Rockbridge County, the Lynchburg U.S. District Court says the ambiguous terms in plaintiff contractor’s subcontract with the company ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

In plaintiff’s suit under 42 U.S.C. § 1983 alleging defendant officers violated her civil rights when they were present during the private repossession of her vehicle, the Lynchburg U.S. District Court grants summary judgment to one officer on qualified immunity ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

A driver suing defendant manufacturer for injuries she suffered due to failure of the airbag and seatbelt when her 2010 Dodge Avenger sedan collided with an embankment at 55 miles per hour, has failed to state a claim under the ...

Tagged with: Consumer Protection Judge Norman K. Moon U.S. District Court - Western District

Tempers can flare when the repo man shows up. If local law enforce­ment is on the scene, it may not be clear what role the officers are playing. If the parties take their fight to court, it’s up to the ...

Tagged with: Judge Norman K. Moon Midnight Express Repossession U.S. District Court - Western District

A Lynchburg U.S. District Court awards summary judgment to defendant housing authority that did not rehire a 52-year-old mechanic with 20 years’ experience for a downgraded position because he was overqualified, would cost too much and would not be happy ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District