Prison officials did not violate an inmate’s rights by refusing to serve him a special diet in the month of December. Background Richard Richardson Jr. arrived at Red Onion State Prison in June of 2013. Two years later, he requested ...

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

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 ...

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

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 ...

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

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, ...

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

A law firm’s claim that a magistrate judge used only Southwest Virginia rates, which are generally lower, in his report and recommendation for fees is unfounded, as the report clearly indicates the judge included central Virginia cities as well in ...

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

In the absence of guidance from the 4th U.S. Circuit Court of Appeals on the issue, a person who is not actually disabled may maintain certain claims under the Americans with Disabilities Act. Background John Hurd has a medical history ...

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

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. ...

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

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 ...

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

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 ...

Tagged with: Employment Discrimination Judge Robert S. Ballou U.S. District Court - Western District

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 ...

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