Where an employee injured after falling off the back of a tractor trailer sued the operator of the vehicle, his claim was dismissed because the tractor trailer operator was essential to the business of the plaintiff’s employer, moving materials from ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where a father who is a member of the Canadian armed forces seeks return of his daughter to Canada showed he could not travel to Roanoke for the hearing because of his military assignment to an Ontario hospital and limited ...

Tagged with: Civil Practice Judge Thomas T. Cullen U.S. District Court - Western District

A driver allegedly responsible for a multicar accident that injured the plaintiff was unable to keep the case in federal court. Although the case was initially removed on the basis of diversity jurisdiction, where the facts showed a second man ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where a father asserted the mother of their minor child must return the child to Canada, and a bench trial would be held within six weeks from the date he filed the petition, the parties were allowed to provide written ...

Tagged with: Civil Practice Judge Thomas T. Cullen U.S. District Court - Western District

A former University of Virginia lacrosse player convicted of murdering his ex-girlfriend in 2012 was granted an evidentiary hearing on whether the jury was improperly given a dictionary during deliberations to resolve confusion over the meaning of “malice.” Although the ...

Tagged with: Criminal Judge Thomas T. Cullen U.S. District Court - Western District

Where the defendants presented “credible evidence” that alleged employment agreements on which plaintiffs based their claims of breach and conspiracy to steal trade secrets were forgeries, an evidentiary hearing will be held to determine if a fraud was perpetrated upon ...

Tagged with: Employment Judge Thomas T. Cullen U.S. District Court - Western District

Where the part owner of a pharma company watched a sales representative make her sales calls and told her he liked her too much; constantly asked her out to dinner; sent a sexually suggestive text; and propositioned her to marry ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

A federal judge has put on hold the usual motion to dismiss in a noncompete and trade secrets case to let the parties explore whether the alleged noncompete agreements were actually signed by the departed employees. Those employees – sales ...

Tagged with: Employment Judge Thomas T. Cullen Noncompete Trade secrets U.S. District Court - Western District

Where the sole shareholders of corporate defendants allegedly used personal funds and jewelry to pay the corporations’ business expenses, abandoned formalities and used the corporate defendants to pay for personal obligations, those allegations were sufficient to support the veil piercing ...

Tagged with: Contract Judge Thomas T. Cullen U.S. District Court - Western District

The defendants in a trucking accident lawsuit should not be allowed to use a pair of medical experts who were designated after a discovery deadline, a federal judge in Roanoke has ruled. U.S. District Judge Thomas Cullen rejected the defendants’ ...

Tagged with: Discovery Expert witness Judge Thomas T. Cullen U.S. District Court - Western District