Because the defendant had notice of the charges against him; received notice of the date, time and place of his removal hearing; attended that hearing, where he had a fair opportunity to be heard by the immigration judge; and offered ...

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

Despite the deficiencies in the initial notice to appear, the defendant appeared at the deportation hearing, did not argue he was denied an opportunity to be heard and did not offer a substantive argument that there was a reasonable probability ...

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

In granting the government’s motion to dismiss without prejudice an indictment for fraud against managers of a health care company, the court found defendants conflated prejudice arising from the investigation and indictment with prejudice arising from a delay in trial. ...

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

The plaintiff, who alleged he was falsely accused of sexual assault, established the presumption of openness to judicial proceedings was outweighed by other factors, including the sensitive nature of the subject matter and the risk of retaliation to the plaintiff, ...

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

A termination suit brought by the CEO of a state agency was dismissed without prejudice because he failed to allege facts proving his filing of a whistleblower complaint charging waste and misuse of funds was the cause of his firing ...

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

In granting summary judgment to the defendants, the court found that a former inmate’s claims against correction facility officials that he was denied medical treatment and subject to abuse and lack of due process while incarcerated were time-barred and that ...

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

A Honduran man had his illegal reentry charge dismissed after a judge found that material defects in a 2002 order requiring him to appear for an immigration hearing were sufficient for him to successfully challenge his deportation order. Background Ramos-Delcid ...

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

ROANOKE — A “Bench and Bar Fund” in the federal courts of the Western District is designed to assist lawyers working on pro bono civil cases and to support court educational programs. The money will come from out-of-state lawyers. The program ...

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

In awarding plaintiff reasonable fees for prevailing on a discovery dispute against the Virginia Department of Corrections, the court said the appropriate rate was that charged by counsel in the Western District of Virginia, Abingdon Division, because there was no ...

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

The assertions made in a breach of contract suit brought by a producer of firewood against a company that agreed to purchase its product did not give rise to claims for fraudulent inducement, quantum meruit and tortious interference. Background Cremium ...

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