This court’s order of Jan. 31 granting Mountain Valley Pipeline immediate possession to numerous easements in the construction pathway of a FERC-approved pipeline was conditioned on its first presenting sufficient additional evidence that satisfies the constitutional requirements of eminent domain. ...

Tagged with: Administrative Constitutional Eminent Domain Environmental Judge Elizabeth K. Dillon Real Property U.S. District Court - Western District

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

Tagged with: Attorneys Consumer Protection Judge Michael F. Urbanski U.S. District Court - Western District

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

An apartment management company could not categorically deny tenancy to an applicant with a prior conviction for indecent exposure, stemming from a period where he was not on medication for a mental-health condition. Background In 2016, Plaintiff Annette Simmons requested ...

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

A Virginia buyer could not bring suit in the Commonwealth against a Los Angeles-based Porsche franchise because, although the transaction was within the scope of Virginia’s long-arm statute, the dealer did not purposefully avail itself of the privilege of conducting ...

Tagged with: Civil Procedure Constitutional Contract Due Process Judge Norman K. Moon U.S. District Court - Western District

Inmates file lawsuits all the time, sometimes attacking their convictions, sometimes complaining about prison conditions. Some are pretty good jailhouse lawyers. But a Virginia federal judge expressed surprise this month when he realized that the inmate plaintiff in a civil ...

Tagged with: Judge Jackson L. Kiser U.S. District Court - Western District

This case is the companion follow-up case to a matter called Mann Adm’r v. Emiabata d/b/a Nova Express (see VLW 017-3-408), which also settled for $550,000.00. After settling with the motor carrier’s insurer, the three plaintiffs involved in the Nova ...

Tagged with: Settlement U.S. District Court - Western District Wrongful Death

A jury should decide whether Russell County Public Schools is liable for sustained abuse of its students perpetrated by an elementary school custodian, the court held. Although Plaintiff John Doe sued two former principals who supervised the custodian while he ...

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

Plaintiff, a 57-year-old male construction supervisor, crashed into the defendant as she pulled away from a street parking space at about 25 miles per hour. Plaintiff felt pain in his neck immediately, and was advised to follow up with is ...

Tagged with: Judge Joel Hoppe Personal Injury Settlement U.S. District Court - Western District