The estate of a former senior executive for Seagrams, later merged with Vivendi, who allegedly was denied coverage of home health care benefits after open heart surgery can sue for violations of ERISA arising from defendants’ failure to provide plan ...

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

An Abingdon U.S. District Court rejects settlement agreements between two employees and defendant employer for violations of the Fair Labor Standards Act’s overtime pay provisions. Plaintiffs sued on the ground they did not fall within the executive exemption contained in ...

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

A homeowner’s allegation of a $215 mistake in the finance charge on her mortgage loan falls within the TILA’s “tolerance for accuracy,” and she has not alleged a lack of actual notice or harm from receiving only one copy of ...

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

A woman who alleges “predatory lending practices” because her second refinancing with defendant led to higher interest rates and “exorbitant” fees can sue under the Virginia Mortgage Lender Act and for breach of contract and misrepresentations that allegedly violated the ...

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

In this criminal case for conspiracy to violate the Contraband Cigarette Trafficking Act and for tax evasion and mail fraud, an Abingdon U.S. District Court says it must amend a forfeiture order for defendants’ bank accounts to protect the legal ...

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

A Roanoke U.S. District Court says the Virginia Department of Corrections’ Operating Policy 803.2 is facially unconstitutional and may not be enforced in its current form, which prompted defendant correctional officials to allow Playboy magazine, but to remove from the ...

Tagged with: Civil Rights Judge James C. Turk U.S. District Court - Western District

Buyers who allege defendant misrepresented that their home refinance loan did not include mortgage insurance, when in fact it had lender paid mortgage insurance, and that they were prevented from an additional refi under the “Making Homes Affordable Program” that ...

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

A Roanoke U.S. District Court grants summary judgment to defendant Volvo Trucks of North America in this suit filed by three female employees who allege the company violated Title VII by denying plaintiffs promotion to the position of product quality ...

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

Although there is no evidence that defendant U.S. Postal Service discriminated against plaintiff on account of her age (over 40) and race (Caucasian), a Roanoke U.S. District Court says there is at least a question of fact as to whether ...

Tagged with: Employment Discrimination Judge Samuel G. Wilson U.S. District Court - Western District

A Charlottesville U.S. District Court has diversity jurisdiction over this dec action by an insured against her auto liability carrier to establish UM/UIM policy limits, because the driver whose alleged tortious conduct caused the underlying injury does not have a ...

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