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

Tort claims against insurer dismissed because relationship governed by contract (access required)

An insured sued its insurer for conversion, breach of the covenant of good faith and fair dealing, fraud, and intentional misrepresentation, all arising out of the insurer’s refusal to pay the claim under the policy. Because each particular tortious breach ...

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Deputy sheriff gets qualified immunity in shooting of dog (access required)

Where an Augusta County deputy sheriff shot a woman’s dog, asserting a claim of self-defense, the deputy’s acts were reasonable and is entitled to qualified immunity. Background Defendant Michael Roane is an Augusta County deputy sheriff. Roane shot and killed ...

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Non-arbitrable claims stayed pending arbitration (access required)

The parties’ dispute involves alleged unpaid invoices. The court previously granted defendants’ motion to compel arbitration on one count of a multi-count complaint. The defendant then moved to refer the case to arbitration or to stay the remaining claims. The ...

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Denial of Muslim meal prompts First Amendment claim (access required)

Plaintiff, a Muslim inmate, alleged prison officials violated his rights under the Religious Land Use and Institutionalized Persons Act and the First Amendment’s Free Exercise Clause by denying him a Muslim meal. Although the court dismissed several claims, it held ...

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Plaintiff could nonsuit after defendant’s motion to dismiss (access required)

Defendant objected to plaintiff’s notice of voluntarily dismissal without prejudice, which plaintiff filed after defendant moved to dismiss the suit. Defendant argued its motion to dismiss was actually a motion for summary judgment because it relied upon additional documents. The ...

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Former school supervisor’s can sue for equal pay (access required)

Former school supervisor established a prima facie case of equal pay discrimination, when compared to her predecessor and successor, requiring jury to assess the School Board’s reasons for pay disparity. Background Debra Colley was employed by the Dickenson County School ...

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Strip-search of visitor to prison was reasonable (access required)

Where prison officials had a tip that a prisoner was smuggling contraband into the prison and a visitor’s gestures and mannerisms were nervous, a strip-search of the visitor was reasonable. Background Angela Calloway was strip-searched during the course of visiting ...

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Plaintiff’s claims barred by statute of limitations (access required)

Plaintiff sued the manufacturer of a machine and the company that manufactured a solvent used in the operation of the machine, alleging her exposure to the solvent caused permanent injuries. The court held that, because the record established the plaintiff’s ...

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Damages-as-revenue case merits minimum damages (access required)

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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