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

Student can proceed anonymously against Virginia Tech (access required)

A student involved in a university investigation of alleged domestic and dating violence can proceed anonymously in his civil rights suit against Virginia Tech and university employees because the suit implicates privacy interests, revealing his name could expose him or ...

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County cannot ‘halt’ federally approved pipeline project (access required)

Where the Federal Energy Regulatory Commission, or FERC, authorized the construction of an interstate natural gas pipeline, Nelson County could not “halt” construction by arguing the project violated local environmental regulations. Instead, the county’s floodplain regulations were preempted because they ...

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Courts stop speedy trial clocks because of virus (access required)

Many Virginia prosecutors have relief from their normally tight speedy-trial deadlines for bringing criminal defendants to justice under rulings from three influential courts. The decisions were prompted by the coronavirus outbreak. The federal courts of Virginia and the Fairfax County ...

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Virginia Tech student claims bias in disciplinary process (access required)

Where alleged differences in the way a male student was treated during a domestic violence investigation could lead a reasonable fact finder to conclude that gender bias played a role, the student’s Title IX claim survived a motion to dismiss. ...

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Arbitration clause not so one-sided as to be unconscionable (access required)

The case was ordered to arbitration because, although the warranty company selected the arbitration service, there was no evidence the rules and processes would be one-sided, unfair or biased against the homeowners. In addition, the homeowners only speculated the arbitration ...

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Question of officer’s liability for shooting goes to jury (access required)

A jury will decide if the fatal shot to decedent came from a distance or close range. However, two retired police officers named as plaintiff’s experts must persuade the court that they have sufficient expertise to render an opinion as ...

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‘Surface water’ exclusion applies to water pooled on roof (access required)

The court agreed with the majority of courts around the country that, in an insurance contract exclusion for “surface water,” that term includes water on a roof. Because the property damage claim arose from water that ponded on the insured’s ...

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Breach of contract claim sufficient to resolve issues (access required)

Where a tenant’s breach of contract claim against its landlord for damages stemming from a roof collapse would resolve all issues in dispute, the tenant’s declaratory judgment claim was dismissed as unnecessary. The breach of contract claim survived because an ...

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