The defendant failed to demonstrate any violation of his due process rights during the prior expedited removal hearing. As a result, the court rejected his collateral attack on the indictment. Background Defendant is a citizen of El Salvador who entered ...

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

A lawsuit challenging the constitutionality of a Virginia statute that automatically suspends drivers’ licenses for failure to pay state court fines and costs was stayed to allow the General Assembly an opportunity to repeal the statute. Background Before the court ...

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

Where plaintiffs voluntarily discontinued their first action against defendants just two months before trial because the attorney that replaced their initial counsel did not have sufficient time to prepare and shortly thereafter filed a nearly identical action against the same ...

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

An insurance company was not required to defend and indemnify its insured in a trademark and trade dress infringement lawsuit because the insurance policy included a provision excluding coverage for such lawsuits that was unambiguous and explicitly superseded any provisions ...

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

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act ...

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

On a Sunday evening, plaintiff was out for a walk with his family in a residential neighborhood in Lynchburg. Plaintiff was standing on some gravel between the pavement and the edge of the yard on the right hand side of ...

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

Where a pipeline was denied permits for construction based on zoning regulations that had been enacted so that the county could participate in the National Flood Insurance Program, the regulations did not thereby achieve the status of federal law, and ...

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

The court resolved disputes over whether the experts had complied with the Federal Rules of Civil Procedure and Federal Rules of Evidence and whether their opinions were properly supported and would aid the court in resolving the issues relevant to ...

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

Where a student’s claims against her university were based on allegations that students and professors at the university falsely maligned her as being mentally disturbed, the potential harm to the student’s professional reputation did not outweigh the public’s interest in ...

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

A plaintiff who filed a lawsuit in Vermont federal court alleging a conspiracy by her former partner to kidnap their daughter, and then filed an essentially identical action in Virginia as a “protective action,” engaged in improper “claim splitting,” resulting ...

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