Plaintiffs’ motion to amend their complaint against their employer and corporate officers was granted with respect to new federal claims, denied without prejudice with respect to a malicious prosecution claim and denies with prejudice with respect to the Bowman claim, ...

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

Although the interpleader plaintiff was entitled to recover its fees and costs, the court significantly reduced the requested hourly rate and number of requested hours. Background Pinnacle Bank froze the bank accounts of several affiliated companies because of IRS levies. ...

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

A former state employee’s claim that her employer publicized issues about her insubordination, attendance and incompetence was insufficient to state a claim under § 1983 because these statements all related to plaintiff’s job performance, which does not rise to the ...

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

The court granted summary judgment to an insurer, finding a family’s insurance policy excluded coverage for loss from mold, so even if mold was caused by water infiltration, the mold exclusion applied and coverage was barred. Background Defendant NGM Insurance ...

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

In a ruling that denied both sides’ motions for summary judgment involving a man’s 25-foot fall while installing a tree step, the court rejected both sides’ efforts to exclude the other’s experts in their entirety but limited the testimony of ...

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

Although law enforcement interviewed the defendant for two hours in his mother’s living room about his possible involvement in child pornography, the officers were not required to give him Miranda warnings because he was not subjected to restraints of the ...

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

The plaintiffs’ failure to provide an expert report meant their physician would be limited to testifying as to his treatment of the plaintiffs and the opinions reflected in his records, and not about possible future complications or treatments. Background Plaintiffs ...

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

A former prosecutor who claimed she was unlawfully fired from the Carroll County commonwealth’s attorney’s office has had her federal employment lawsuit tossed out of court. Colette M. Wilcox, who now practices in Bristol, alleged her wrongful termination hurt her ...

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

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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The allegations did not support the conclusion the inmate’s need for medical attention was sufficiently obvious or that the defendants actually knew of and disregarded an excessive risk of serious harm. Background On July 25, 2016, a sheriff’s deputy found ...

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