A veteran waived his right to bring USERRA claims against his employer by signing a general release in a severance agreement, but further inquiry was necessary as to how the consideration for this release compared to benefits he would have ...

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

Outstanding stream-of-commerce issues prevented the court from immediately ruling on the defendant’s claim that the court lacked personal jurisdiction. Background Plaintiff MYA Saray LLC manufactures and distributes tobacco products, including hookahs and accessories. The company also owns a number of ...

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

The court was constrained to abstain from claims by a lawful permanent resident, in divorce proceedings with her estranged American husband, who sought to enforce the Affidavit of Support her husband had executed when they married pursuant to the Immigration ...

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

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

Tagged with: Civil Procedure Employment Employment Discrimination Judge James P. Jones U.S. District Court - Western District

A VDOT contractor that had to tear down and rebuild a bridge due to defective construction could not attribute its losses to either of its two inspection companies. The contractor moved forward with the bridge construction even after both inspectors ...

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

This case is set for trial to begin on March 12. Absent a court order or stipulation, disclosures of expert testimony must be made at least 90 days prior to trial. Supplemental expert disclosures must be made at least 30 ...

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

This court’s order of Jan. 31 granting Mountain Valley Pipeline immediate possession to numerous easements in the construction pathway of a FERC-approved pipeline was conditioned on its first presenting sufficient additional evidence that satisfies the constitutional requirements of eminent domain. ...

Tagged with: Judge Elizabeth K. Dillon Real Property U.S. District Court - Western District

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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