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Tag Archives: U.S. District Court – Western District

WDVA: Motion to compel caught in procedural labyrinth (access required)

Scheduling emails with a transferring judge’s chambers justified reconsideration of the plaintiffs’ motion to compel, initially denied on the court’s belief that the failed to set it for hearing, as well as the defendants’ motion for summary judgment. Background This ...

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WDVA: Restitution doesn’t preclude civil damages (access required)

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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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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WDVA: Father must return child to Canada (access required)

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

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VA had personal jurisdiction over NC contractor (access required)

The court could exercise personal jurisdiction over a North Carolina company sued for nonpayment by a Virginia contractor, without offending due process principles. Background Plaintiff Joe Rainero Tile Co., d/b/a Permatile, is a Virginia corporation located in Washington County. Defendant ...

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Warrant for iPhone search had to relate to charges (access required)

A defendant charged with drug distribution crimes was not entitled to impose search parameters on the government’s search for content on his iPhone beyond the requirement that the search must relate to his specific criminal violations. Background Defendant Akeem Brewer ...

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Court limits use of statistics, officer testimony (access required)

In a selective law-enforcement case asserting claims of race discrimination, the plaintiffs could use arrest records to show the defendant officer’s intent to discriminate, but not to show a discriminatory effect on similarly situated individuals. In addition, the plaintiffs could ...

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WDVA: Misuse defense not pre-empted by OSHA (access required)

In a workplace-injury suit, an equipment manufacturer had a duty to account for foreseeable misuses of its product, regardless of whether the specific workplace met federal safety standards. Background Plaintiff Corey Stowers was a maintenance worker at a Georgia Pacific ...

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