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 ...

Tagged with: Civil Practice Civil Procedure Discovery Judge Norman K. Moon U.S. District Court - Western District

A federal judge has approved a $1.1 million settlement for a student, now in his teens, who claimed he was repeatedly abused by the janitor at his elementary school in Russell County. After the suit survived two pretrial rulings, the ...

Tagged with: Judge James P. Jones U.S. District Court - Western District

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, ...

Tagged with: Civil Procedure Judge Michael F. Urbanski Sentencing U.S. District Court - Western District

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 ...

Tagged with: Civil Procedure Constitutional Due Process Judge Robert S. Ballou U.S. District Court - Western District

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 ...

Tagged with: Custody Domestic Relations Family Law International Law Judge Michael F. Urbanski U.S. District Court - Western District

A federal judge sanctioned a Virginia business and its attorneys March 23, citing “frivolous claims” and a lack of candor with the court. The sanctions were issued in response to a lawsuit filed on behalf of Nexus Services Inc. in ...

Tagged with: Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Civil Procedure Judge James P. Jones U.S. District Court - Western District

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 ...

Tagged with: Judge Michael F. Urbanski Search & Seizure U.S. District Court - Western District

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 ...

Tagged with: Evidence Judge Norman K. Moon U.S. District Court - Western District

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 ...

Tagged with: Judge Norman K. Moon Personal Injury Products Liability U.S. District Court - Western District