Before a motion and documents are unsealed, an insurer has 14 days to show that less drastic alternatives to sealing are unavailable or would not provide sufficient protection. Background Plaintiff RLI Insurance Company filed a motion to seal its motion ...

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

Where an inmate claimed he was denied effective counsel because his lawyer met with him only twice, the court rejects the habeas writ  because there is no minimum number of meetings required of to provide effective representation. Other claims had ...

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

Where the government and defendant jointly request that the defendant’s 132-month prison term was eligible for reduction to 102 months under the 2018 U.S. Supreme Court decision Hughes v. United States, the request is granted. Background Defendant was previously charged ...

Tagged with: Criminal Judge Glen E. Conrad U.S. District Court - Western District

Where a large health clinic maintained a private police force, a janitor can proceed to discovery on his $ 1983 lawsuit against the clinic, his ex-employer. Background The amended complaint asserts that the plaintiff was employed by Carilion Clinic as ...

Tagged with: Civil Rights Judge Frederick P. Stamp U.S. District Court - Western District

Because a school superintendent’s production of documents waived the right of privilege on records produced before a certain date, a former employee claiming gender-based wage bias may review them. Background In this action by a former public school employee claiming ...

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

The NLRB was entitled to recover $7,503 in fees based on accepted rates for  attorneys in Washington, D.C., after it prevailed in a discovery dispute with a coal company. Background The National Labor Relations Board moved to compel Cobalt Coal ...

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

Where a suit between a company and Wells Fargo is pending in state court, the plaintiff cannot pursue its claims against in federal court as well. Background Property Damage Specialists brought this suit to recover money it alleges it is ...

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

A workplace discrimination lawsuit made by an openly gay female former deputy chief of the Bedford Police can go forward, a Lynchburg federal judge has ruled, finding that the claim was based on her sex, making a member of a ...

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

Where a divorcing couple intended to turn a tenancy-by-the-entireties in their home into a tenancy-in-common in the proceeds once they sold it, the ex-husband can claim a homestead exemption in his portion of the proceeds. Background Phillip Roadcap is a ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court U.S. District Court - Western District

An inmate’s career offender status doomed his motion to reduce his drug offense 210-month sentence. Background On Oct. 1, 2009, a grand jury returned a three-count indictment against Malcolm Carl Young. Count one charged Young with distribution of cocaine base. ...

Tagged with: Criminal Judge Glen E. Conrad U.S. District Court - Western District