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

Expert witnesses’ testimony limited in pipeline case (access required)

Where one expert in a condemnation damages case related to the Mountain Valley Pipeline relied on insufficient and unreliable data, another made unreasonable assumptions and the remaining two did not identify the facts and data upon which their opinions were ...

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Acceptance of erroneous check doesn’t make wife a fiduciary (access required)

Where a pension fund erroneously sent a check to the wife of a deceased union member, her acceptance of that check didn’t necessarily make her a fiduciary under the Employee Retirement Income Security Act. Background Following her husband’s death, Sandra ...

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Plaintiff drops federal claims to orchestrate return to state court (access required)

Where some employees of Roanoke city jail who were sued for their alleged role in the death of an inmate removed the case to federal court, the plaintiff was allowed to drop her federal claims, leading to the case being ...

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Government can’t be sued for seizing and keeping cigarettes (access required)

Where the government seized cigarettes from a store as part of an investigation into alleged trafficking of contraband cigarettes, and kept them as evidence at trial, the store owners couldn’t sue the government for the value of the cigarettes. Background ...

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Alleged firing was sufficiently related to timely charge (access required)

Where the plaintiff timely filed an EEOC charge alleging ongoing retaliation, her termination months later was sufficiently related to that charge because it was the “predictable culmination of defendant’s retaliatory conduct.” Background On June 12, 2017, Sentara RMH Medical Center ...

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Debt collection letter wasn’t misleading (access required)

Where a woman received a debt collection letter titled “NOTICE OF SETTLEMENT IN FULL” that stated the account balance was $0.00, her argument that the letter was misleading failed because the least sophisticated consumer would understand the debt was settled ...

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Former DSS director advances wrongful termination claim (access required)

A former Department of Social Services (DSS) director can move forward on her First Amendment retaliation and wrongful termination claim against a member of the DSS Board and County Board of Supervisors, a federal court judge has ruled. But U.S. ...

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Post-petition shareholder distributions belong to estate (access required)

Where an accountant formed a new company after he filed for bankruptcy protection, and then transferred assets from his prior company to his new practice, the bankruptcy court did not err in finding that the transferred assets were the property ...

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