Because not all the members of the Bedford Genealogical Society Inc received notice of a planned incorporation, and of the 22 percent of the members who attended the meeting, three voted against incorporation, plaintiff BGSI has failed to show that ...

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

A cadet at Virginia Military Institute has not shown a violation of due process in his dismissal on a charge of plagiarism, and a Lynchburg U.S. District Court dismisses the student’s pro se action under 42 U.S.C. § 1983. VMI’s ...

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

Although the 59-year-old plaintiff made some changes to his riding lawnmower, he had been using it without incident to mow his yard, including a slope adjacent to a road, and expert evidence supports his claim that a design defect was ...

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

A Roanoke U.S. District Court dismisses a charge of violation of 18 U.S.C. § 514 against a defendant who allegedly defrauded Hammersley Motors when she mailed an IRS Form 1099-OID, as that form is not an “actual security or other ...

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

Although defendant Heartland Express trucking company denies involvement in an accident in which a tractor-trailer proceeded through a construction site, catching a worker adjusting traffic lights from a bucket truck and breaking his ankles, an eyewitness told police it was ...

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

A Harrisonburg U.S. District Court denies a developer’s motion to dismiss or stay plaintiff bank’s action to recover on a note and deed of trust for two construction loans personally guaranteed by the developer, for a local real estate development, ...

Tagged with: Civil Procedure Judge Samuel G. Wilson U.S. District Court - Western District

An Abingdon U.S. District Court says Iqbal applies to state-law claims in federal complaints, and dismisses claims for reckless acts, negligent entrustment, negligent hiring and supervision and punitive damages, in this wrongful death action filed by administrators for a father ...

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

A Big Stone Gap U.S. District Court upholds a denial of social security disability benefits to a woman who formerly worked as a registered nurse, as the “new evidence” cited by claimant does not make any new findings or diagnoses. ...

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

A lawyer’s advice to his clients about an appeal being a possible breach of the plea agreement that could result in a longer sentence, while not technically correct, nevertheless correctly informed the client that an appeal ultimately could result in ...

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

An African-American woman who alleges race and disability discrimination arising from being served with an eviction notice after she complained about excessive noise from her upstairs neighbor, who was Caucasian, cannot sue defendant director of Rush Homes for discrimination, says ...

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