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

Although defendants argued the magistrate judge applied the wrong standard, incorrectly applied the actual standard or ignored their arguments, the magistrate judge applied the correct law and standards; correctly determined the motion was not dilatory, prejudicial or contrary to the ...

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

Where the officer had a reasonable basis to believe a man had committed or was committing a battery upon Walmart employees, qualified immunity operated to bar  false arrest, malicious prosecution and excessive force claims. Background Jeremiah Henderson filed this civil ...

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

Where a member of a regional drug task force’s informant was unable to identify a woman from a photograph and did not take additional investigative steps to solidify the identification before taking the case to the grand jury, he lacked ...

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

A Pulaski County sheriff’s deputy does not have qualified immunity in a civil rights lawsuit filed by a woman he mistakenly charged with felony drug distribution, a federal judge has ruled. The woman contends the deputy lacked probable cause because ...

Tagged with: Civil Rights Judge Thomas T. Cullen Qualified immunity U.S. District Court - Western District

Where the disclosure of two expert doctors came after the close of discovery, allowing them would likely delay the trial or prejudice the plaintiff and thus they will not be allowed to opine on the plaintiff’s alleged traumatic brain injury. ...

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