In a case where motions to exclude both sides’ expert witnesses were denied, a jury should decide whether Hyundai is liable for the death of a woman crushed by its Santa Fe vehicle. Background Shannon Whitaker was crushed to death ...

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

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

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

Counterclaims brought by a former employee accused of misappropriating company funds are dismissed for insufficient facts and lack of evidence. Background Plaintiffs, a business corporation and its president, allege that defendant Teresa B. Barringer was a long-time company employee in ...

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

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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

The government is entitled to an evidentiary hearing on the issue of whether to forcibly medicate a convicted felon to restore him to competency. Background On July 23, 2008, Kevin Evans was charged with knowingly and intentionally assaulting another inmate ...

Tagged with: Criminal Judge Pamela Meade Sargent U.S. District Court - Western District

The court granted a Republican Committee’s motion to vacate the stay of an injunction that had been guided by the public interest in mitigating confusion about the candidate selection process for the 2018 elections. Background This matter is before the ...

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

The court rejected virtually all of the post-trial motions filed by a doctor, finding there was sufficient evidence for the jury to convict him on nearly 70 counts of acquiring and possessing controlled substances by misrepresentation, fraud, forgery and deception. ...

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

A training company showed it was likely to prevail on its claim that a former employee, who went to work for one of its clients,  breached a restrictive covenant,  and is entitled to injunctive relief. Background TechINT provides intelligence and ...

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

The court denied  a jail’s summary judgment motion on an inmate’s claims that his skin irritation was a serious medical need and the nurses were deliberately indifferent to his condition. Background Toby Joe Barley, a Virginia inmate proceeding pro se, ...

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

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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