Inmates at the correctional center and officials from the Virginia Department of Corrections previously reached a settlement agreement that sought to provide for constitutionally adequate medical care. The court concluded, however, that defendants breached that contract in material and significant ...

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

Given the defendant’s motives and criminal record; the two law enforcement officers’ experience, candor and consistent testimony; contemporaneous notes and the record of investigation, the court found the officers more credible than the defendant on whether he had been advised ...

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

In denying one title company’s motion to dismiss, the court said that although the defendant title company argued the plaintiff’s damages were below the jurisdictional threshold, because a limitation of liability provision in the parties’ agreement or the plaintiff’s conduct, ...

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

Although the government produced Brady material in 2018 that it should have produced during defendant’s 2006 trial, the court emphasized its ruling was limited to deciding whether a defendant’s § 2255 motion, which was filed previously on different grounds, is ...

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

An inmate who was sentenced as an armed career criminal will be resentenced because under the Armed Career Criminal Act he no longer had three convictions for a violent felony and/or a serious drug offense. Background Clinton Lee Rumley was ...

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

The court held that, to the extent the defendants failed to pay plaintiffs for covered damages, the claims sounded in contract, and could not be pursued in tort pursuant to Virginia’s “economic loss rule.” Background Plaintiffs Danville Commercial Industrial Storage ...

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

The court held that because the bank, as a mortgagee, did not have a “branch office” within 200 miles of a woman’s home, it was exempt from the requirement to offer or conduct a face-to-face meeting with her before it ...

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

Plaintiffs who challenged the constitutionality of a Virginia law that requires the automatic suspension of drivers’ licenses for failure to pay state court fines and costs won a preliminary injunction, as they demonstrated there were insufficient procedures in the law ...

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

The court held the complaint stated a plausible claim for individual liability against the sole owner of an LLC because it alleged, “upon information and belief” that she engaged in conduct sufficient to impose liability. Background Plaintiff is a photographer ...

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

The court held there were disputed issues of material fact on whether the class representative was the victim of excessive uses of force and regarding the circumstances of his room confinement. Background On Oct. 4, 2017, plaintiff John Doe 1 ...

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