A plaintiff alleging retaliation by his employer for an earlier charge of discrimination under the Age Discrimination in Employment Act could not rely solely on the retaliation provisions of Title VII of the Civil Rights Act. The statutes protect different ...

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

Genuine issues of material fact precluded summary judgment on a plaintiff’s claims of interference and retaliation under the Family & Medical Leave Act. Background Plaintiff Cameron Felts began working as a welder for Volvo in February 2012. He was required ...

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

Farmers held to be working in concert with anonymous people in trees for the purpose of blocking construction of a pipeline, in violation of a prior order of the court, are in contempt of court and subject to fines. Background ...

Tagged with: Civil Procedure Eminent Domain Judge Elizabeth K. Dillon Real Estate Real Property U.S. District Court - Western District

ROANOKE – A Roanoke federal judge said a police officer fighting for his reputation cannot suppress potentially discrediting information that could affect dozens of convictions. The decision removed a potential roadblock to an unusual action by Western District federal prosecutors. ...

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

In a case brought by an autistic man for alleged mistreatment in prison, the Virginia Department of Corrections acted in bad faith by failing to adequately prepare organizational witnesses under FRCP 30(b)(6). Background Plaintiff Reginald Latson has moved to compel ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Discovery Judge James P. Jones Sanctions U.S. District Court - Western District

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

Tagged with: Constitutional Employment Judge James P. Jones Personal Injury Search & Seizure Tort U.S. District Court - Western District

Coles, Red, and Minor Terry were held in contempt of court for interfering with the Mountain Valley Pipeline’s use of easements of which it had been granted immediate possession. Red and Minor were given approximately one day to come down ...

Tagged with: Civil Procedure Eminent Domain Environmental Judge Elizabeth K. Dillon U.S. District Court - Western District

A plaintiff who persistently overwhelmed the court with meritless filings was sanctioned under Rule 11 and banned from filing in the Western District for two years. The court also ruled that violations could incur further sanctions of $300 each. Background ...

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

A blind plaintiff lacked standing to sue a Virginia bank for maintaining a website without reasonable accommodations for individuals with disabilities, as he lived 300 miles from the nearest branch. Further, the bank’s voluntary upgrades – made prior to the ...

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

Although written documents were unclear as to whether a therapy service contract transferred to a subsequent facilities operator, the successor’s acceptance of therapy services as if the service contract applied created a contract implied-in-fact, with the same payment terms as ...

Tagged with: Attorneys Fees Business Law Civil Practice Contract Judge Jackson L. Kiser U.S. District Court - Western District