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. ...

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

A training company showed it was likely to prevail on its claim that a former employee, who went to work for one of its clients,  breached a restrictive covenant,  and is entitled to injunctive relief. Background TechINT provides intelligence and ...

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

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, ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Prison officials did not violate an inmate’s rights by refusing to serve him a special diet in the month of December. Background Richard Richardson Jr. arrived at Red Onion State Prison in June of 2013. Two years later, he requested ...

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

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 ...

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

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 ...

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

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, ...

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

A law firm’s claim that a magistrate judge used only Southwest Virginia rates, which are generally lower, in his report and recommendation for fees is unfounded, as the report clearly indicates the judge included central Virginia cities as well in ...

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

In the absence of guidance from the 4th U.S. Circuit Court of Appeals on the issue, a person who is not actually disabled may maintain certain claims under the Americans with Disabilities Act. Background John Hurd has a medical history ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District