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Tag Archives: Judge Robert S. Ballou

Dicta on sexual orientation discrimination is suspect (access required)

Dicta from the Fourth Circuit that Title VII doesn’t cover discrimination based on sexual orientation is questionable, but the plaintiff failed to plead sufficient facts to state claims against Virginia Tech. Background Brian Jones, who is openly gay, began working ...

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Truck hit guardrail, left debris on highway, two killed – $845,000 Settlement (access required)

On April 1, 2014, a Nova Express tractor-trailer driven by Phillip Emiabata d/b/a Nova Express drove off the northbound travel lanes of I-81 in Wythe, crashed through the guardrail and came to rest on its side in the left southbound ...

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WDVA: Student denied leave to proceed as “John Doe” (access required)

Asserting due-process claims after his school disciplined him for cheating, the plaintiff couldn’t use a pseudonym because his potential embarrassment did not outweigh the court’s presumption of openness. Background The plaintiff is a currently a senior at Defendant Virginia Polytechnic ...

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Court Orders New Deposition, Not Default (access required)

Although defendant, who allegedly participated in an investment fraud scheme, failed to attend a scheduled deposition, the Roanoke U.S. District Court Magistrate Judge will take under advisement plaintiff’s request for default judgment and order defendant to attend a rescheduled deposition. ...

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Man died after delayed diagnosis for thyroid cancer – $1 Million Settlement (access required)

The decedent was a patient of the Veterans Affairs Medical Center from late 2011 through his death from can­cer in June 2013. He sought care beginning in December 2011 for thyroid-related symp­toms, including a prominent goiter. As part of the ...

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Family saw daughter trapped in car after double rear-ender on I-77 – $1,500,000 Settlement (access required)

This case involved two collisions, sec­onds apart, caused by two commercial vehicles. Plaintiffs were a family of four (two adults and two teenage children) travelling in their sedan on Interstate 77 in Wythe County when they were struck in the ...

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