Where the third-party complaint against University of Virginia essentially sought to make the university directly liable for the breach of contract claim asserted by the plaintiff, that was improper. Background In December 2017, ABM Healthcare Support Services Inc. and the ...

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

Although the homeowner appeared to allege he should have been granted a loan modification because he satisfied all of the criteria, he failed to identify any contract language or statement that would impose such an obligation. Background Ern Reynolds filed ...

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

A company lost its motion to withdraw a reference from bankruptcy because its litigation conduct suggested it shifted the dispute from forum to forum to stave off foreclosure as long as possible. Background This matter is before the court on ...

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

Six claims asserted against the City of Lynchburg under 42 U.S.C. § 1983 were dismissed because there were insufficient allegations of a policy statement, ordinance, regulation, or decision officially adopted and promulgated that related to the excessive force, conspiracy, failure ...

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

Where an attorney who engaged in prepetition litigation efforts on behalf of the debtor did not provide written notice to the opposing parties prior to the filing of the bankruptcy petition, he has no lien nor could he claim a ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Although a public defender won reduction of a defendant’s sentence for firearm possession, the result was a loss of good-time credit that extended his client’s projected release date. Neither  Fed. R. Civ. P. 59(e) or 60 provide a basis for ...

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

Where it was undisputed that a grape or multiple grapes were present in the area of store where the plaintiff fell, and testimony suggested the store had actual or constructive notice of grapes in that area, the motion for summary ...

Tagged with: Judge Michael F. Urbanski Premises Liability U.S. District Court - Western District

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

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

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

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