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

Prevailing plaintiff does not recover all requested fees (access required)

Although a former JMU student prevailed on his due process challenge to the school’s discipline process, his requested fees were severely reduced because of duplication of effort and relative lack of success. Background This case involves a due process challenge ...

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Company gets nod to enforce nonsolicitation agreement (access required)


A federal judge in Harrisonburg has ruled that a Virginia-based drone company could seek to enforce a nonsolicitation agreement and entered an injunction against an ex-employee. But the enforcement effort was stayed after the man filed for bankruptcy in Maryland ...

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Perfection of liens puts bank first in line of priority of liens over personal property (access required)

In prioritizing competing liens on personal property, the court found a bank’s interests were superior to those of the Internal Revenue Service, which had tax liens against the property, because it had perfected its interests first. Background On Dec. 18, ...

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Jurisdiction lacking over collection company owner (access required)

Because the plaintiff failed to sufficiently allege contact or connection between the owner of a debt collection agency and her FDCPA claim in the Western District, the court lacked personal jurisdiction. Background Betty West alleges that Americas Processing Center, Inc. ...

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Volvo granted injunctive relief in suit against dealerships (access required)

Volvo showed a likelihood of success on its claim that commercial-truck dealership owners likely violated a right of first refusal in their agreement with Volvo. Background Defendants Truck Enterprises Inc., James E. Hartman, Truck Enterprises Roanoke Inc., Truck Enterprises Lynchburg ...

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Dicta on sexual orientation discrimination is suspect (access required)

Dicta from the Fourth Circuit that Title VII doesn’t cover discrimination based on sexual orientation is questionable, but the plaintiff failed to plead sufficient facts to state claims against Virginia Tech. Background Brian Jones, who is openly gay, began working ...

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Court dismisses discrimination and retaliation claims asserted by doctor (access required)

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

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