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Tag Archives: U.S. District Court – Western District

Interpleader plaintiff gets less than one third of request (access required)

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. ...

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Employer not liable for publicizing employment details (access required)

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 ...

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Two hour interview did not require Miranda warnings (access required)

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 ...

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Doctor may testify as treating physician, but not expert (access required)

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 ...

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Ex-prosecutor’s employment suit is rejected (access required)

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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 ...

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Important Opinions January – December 2018 (access required)

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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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Deliberate indifference claim arising from overdose dismissed (access required)

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 ...

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