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

Convicted Blacksburg doctor largely denied post-trial relief (access required)

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. ...

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Claim over treatment of skin condition goes to jury (access required)

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, ...

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Lack of protected activity prompts dismissal (access required)

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 ...

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Prevailing plaintiff does not recover all requested fees (access required)

Although a former JMU student prevailed on his due process challenge to the school’s discipline process, his requested fees were severely reduced because of duplication of effort and relative lack of success. Background This case involves a due process challenge ...

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Company gets nod to enforce nonsolicitation agreement (access required)

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A federal judge in Harrisonburg has ruled that a Virginia-based drone company could seek to enforce a nonsolicitation agreement and entered an injunction against an ex-employee. But the enforcement effort was stayed after the man filed for bankruptcy in Maryland ...

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Perfection of liens puts bank first in line of priority of liens over personal property (access required)

In prioritizing competing liens on personal property, the court found a bank’s interests were superior to those of the Internal Revenue Service, which had tax liens against the property, because it had perfected its interests first. Background On Dec. 18, ...

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