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Tag Archives: Judge Robert S. Ballou

Witness was not adequately prepared for deposition (access required)

Although the defendant’s corporate witness was unable to respond to a number of topics listed on the Rule 30(b)(6) notice, the plaintiff, who alleged violations of the Fair Debt Collection Act in efforts to collect student loan debts, lost his motion ...

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Trademark use and protection efforts key in infringement suit (access required)

Documents and information about third-party trademark use and CFA Institute’s efforts to protect its marks are relevant in a trademark infringement suit against the American Society of Pension Professionals and Actuaries, although the discovery requests must be limited for proportionality ...

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Student twice fails to allege due process claim against Virginia Tech (access required)

Where a student found guilty of cheating on the final exam sued Virginia Tech and two employees after his initial suit was dismissed again failed to allege sufficient facts to establish a violation of a protected liberty interest, his second ...

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Plaintiff’s fee award reduced by approximately 40% (access required)

Excessive billing, vague time entries and block billing, as well as the plaintiff’s overall lack of success on his claims means that, while attorneys representing a plaintiff who successfully prevailed on his § 1988 claim will receive almost $490,000 in ...

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Student accused of cheating failed to state a due process violation (access required)

Where a student was given a failing grade after another student accused him of cheating during the final exam and the accusing student was never identified by the school, the procedures afforded to the student at the disciplinary hearing may ...

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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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