Where the defendant’s sentence for drug conspiracy, possession of a firearm and murder with use of a firearm today would be significantly shorter than the two life sentences plus 120 months he received in 2004, his sentence was reduced to ...

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

Where co-defendants in a murder case who were not testifying at trial made statements about a stabbing incident, the portions that were potentially incriminating to the defendant were redacted. Background German Hernandez is charged with conspiring to commit murder and ...

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

Where a man alleged that police officers entered his house without a warrant, slapped his hands while they were behind his back, imprisoned him without reason and conducted an unconstitutional search, his Fourth Amendment claims survive a motion to dismiss. ...

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

A landlord’s claims for breach of contract, negligence and a violation of the Virginia Consumer Protection Act, or VCPA, have survived a big box retailer’s motion to dismiss. The retailer allegedly had promised to install a hot water heater “in ...

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

Where the plaintiff alleged defendants failed to preserve electronically stored information, or ESI, but there was no showing that they failed to produce relevant ESI or that it had been lost, the motion is denied. Background This matter comes before ...

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

Where Lowe’s allegedly promised to install a hot water heater “in a good and workmanlike manner,” and the homeowner alleged the installation was deficient and flooded his basement, his claims for breach of contract, negligence and a violation of the ...

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

Where a man killed in an automobile accident had $1.5 million in uninsured and underinsured, or UM coverage, motorist coverage, and his estate accepted a $1.25 million wrongful-death settlement from the responsible driver’s carriers, the estate is awarded $250,000 in ...

Tagged with: Insurance Judge Thomas T. Cullen U.S. District Court - Western District

Where medical centers sought coverage for COVID-related business losses under the biocontamination and decontamination costs provisions in their policy, their claims are dismissed. The provisions require changes to the nature of the insured property that necessitates either repair or replacement ...

Tagged with: Insurance Judge Thomas T. Cullen U.S. District Court - Western District

Where a woman claimed her co-workers repeatedly made racially charged jokes and her supervisor refused to intervene, she performed her job satisfactorily and was terminated and replaced by a white woman with less experience, she plausibly alleged claims for race ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a prison official sued for excessive force alleged the detainee failed to exhaust administrative remedies, but the detainee’s complaint stated that he did not have access to a kiosk where grievances were submitted and he did not know how ...

Tagged with: Civil Rights Judge Thomas T. Cullen U.S. District Court - Western District