Where a customer alleged that his bank allowed unauthorized withdrawals from his checking account, his breach of fiduciary duty claim was dismissed. No fiduciary duty is created in an ordinary relationship between a bank and its customer, and there was ...

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

Where the court previously granted summary judgment to Liberty University, described the former employee’s discrimination and Title VII claims as “f[l]ounder[ing],” and found that Liberty University’s defense to the employment claims was “not seriously in dispute,” the employee failed to ...

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

Where a hospital failed to allege that the presence of SARS-CoV-2 droplets in the air and on surfaces in its facilities constituted physical alteration to its property, it wasn’t entitled to coverage under a business interruption policy. Background This matter ...

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

Although hospitals lost revenue during the COVID-19 crisis because the Virginia governor banned certain elective and/or non-emergent procedures at their facilities, the “Interruption by Communicable Disease,” or ICD, endorsement provision provided no coverage. The ICD endorsement requires that the government ...

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

Where a company alleged a bank failed to properly process its application for a second-round loan pursuant to the government’s paycheck protection program, or PPP, resulting in the company not receiving “nearly $1 million in PPP money that would have ...

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

Where a physician’s assistant at the Roanoke city jail did not promptly see a detainee or take further action to address his symptoms, even when faced with an X-ray that provided no clarity as to the cause of his symptoms ...

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

Where the government alleged the defendant provided fraudulent documents to the government via his attorney, but the documents were provided while the parties were discussing and negotiating a written plea offer and statement of facts, they were excluded by Federal ...

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

Where landlords sued for allegedly violating federal and Virginia fair housing laws showed that they acted promptly after receiving notice of the default, there was no real prejudice to the renters if default was vacated, there was no history of ...

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

Although a driver involved in a motor-vehicle accident was simultaneously covered by insurance policies issued by separate carriers, because one policy provided primary liability coverage and the other policy provided excess coverage, the carriers did not have an equal pro ...

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

Where an arbitration agreement included a clause awarding attorneys’ fees to the prevailing party, but the Virginia Values Act only entitles a plaintiff to an award of attorneys’ fees and provides no right for fees to a prevailing defendant, the ...

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