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 ...

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

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 ...

Tagged with: Civil Procedure Constitutional Contract Due Process Judge Norman K. Moon U.S. District Court - Western District

The court held that the Defendant, the City of Buena Vista, Virginia, had no legally enforceable obligation to make payments pursuant to agreements with Plaintiff UMB Bank. This case is about soured financing for a municipal golf course in the ...

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

An insurance company that covered losses when the city of Buena Vista failed to make good on golf course bond payments has lost its bid for a judgment against the city in Lynchburg federal court. U.S. District Judge Norman K. ...

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

Despite the allegation of “a grave injustice” in the abduction conviction of a Charlottesville-area grocer, a federal judge said the man’s civil lawsuit against the prosecutor’s office would not stand. Sovereign immunity protects the commonwealth’s attorney under the U.S. Constitution, ...

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

The court held that sovereign immunity bars the claims of a man who served over two years in prison for a crime he alleges he did not commit. Plaintiff Mark Weiner alleges that, late on December 12, 2012, he gave ...

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

A Virginia doctor arrested after triggering suspicions on a college campus 20 years ago and tried for having a toxic chemical in a storage unit has lost his bid to have records of the charges removed from court records. Although ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Norman K. Moon

U.S. v. County of Culpeper (VLW No. 017-3-475, 15 pp.) (Moon, J.) 3:16-civ-00083; W.D. Va. Holding:  The federal government’s action against the defendant county under the Religious Land Use and Institutionalized Persons Act, alleging the discriminatory denial of a sewage ...

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

Phillips v. Trans Union LLC (VLW No. 017-3-477, 15 pp.) (Moon, J.) 3:16-cv-00088; W.D. Va. Holding:  Where plaintiff debtor sued defendant loan servicer for providing inaccurate information to a credit reporting agency, in violation of the Fair Credit Reporting Act, ...

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

A Charlottesville U.S. District Court grants defendant’s 12(b)(6) motion to dismiss plaintiff’s negligence claim, based on a failure to train or supervise theory.  In so doing, the court succinctly summarizes Virginia law on the issue. Plaintiff, MCI Communications Services, Inc., ...

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