Please ensure Javascript is enabled for purposes of website accessibility
Home (page 40)

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

Binding settlement reached at mediation (access required)

Where a homeowner previously agreed to settle her claims for fire damage, the settlement agreement was enforced despite her assertions that Nationwide made false or misleading statements or that the settlement violated her First Amendment rights. Nationwide’s attempt to dismiss ...

Read More »

Woman’s claim for ‘constructive demotion’ recognized (access required)

Where an instructor at a Virginia-based truck driver training and job placement program alleged she was subjected to lewd and lascivious comments by multiple employees, that she stepped down from her position after she complained about the harassment and that ...

Read More »

Excessive force claims against arresting officer filed too late (access required)

Where a man sued an arresting officer for excessive force based on injuries allegedly suffered in July 2015, the suit was dismissed because it was filed beyond the two years applicable to § 1983 claims in Virginia. Background On July ...

Read More »

Testimony critical of patient’s life care plan admissible (access required)

Where a registered nurse criticized the plaintiff’s life care plan, her testimony was allowed because it did not require a physician’s review, concerns of prejudice were mitigated by the bench trial and her methodology was sufficiently reliable. Additionally, where the ...

Read More »

Attorneys are sanctioned for bad-faith litigation conduct (access required)

Where attorneys admitted in Virginia and from outside Virginia acted in bad faith in connection with two consumer bankruptcies, the record supported the bankruptcy court’s imposition of practice and monetary sanctions. For the out-of-state attorneys, however, the amount of sanctions ...

Read More »

Employee did not prove Title VII violations (access required)

Where the plaintiff’s co-worker did not engage in similar conduct; the employer provided a legitimate, nondiscriminatory reason for alleged differing treatment; the employee did not demonstrate pretext for discrimination or retaliation and the employer responded to his complaints, the employer ...

Read More »

Motions in suit involving drunken tractor-trailer driver resolved (access required)

Where a tractor-trailer driver drank whiskey before he reported for work and was on his delivery route when he struck the plaintiff’s vehicle, he was found to have been acting within the scope of his employment as a matter of ...

Read More »

ATF agent’s testimony did not warrant new trial (access required)

Where a Bureau of Alcohol, Tobacco, Firearms and Explosives agent’s inadmissible statement during a drug trial had little tendency to mislead the jury, was not unduly prejudicial, was fleeting and isolated to a single occurrence and there was voluminous evidence ...

Read More »