Plaintiffs who challenged the constitutionality of a Virginia law that requires the automatic suspension of drivers’ licenses for failure to pay state court fines and costs won a preliminary injunction, as they demonstrated there were insufficient procedures in the law ...

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

The court held the complaint stated a plausible claim for individual liability against the sole owner of an LLC because it alleged, “upon information and belief” that she engaged in conduct sufficient to impose liability. Background Plaintiff is a photographer ...

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

The court held there were disputed issues of material fact on whether the class representative was the victim of excessive uses of force and regarding the circumstances of his room confinement. Background On Oct. 4, 2017, plaintiff John Doe 1 ...

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

Plaintiffs’ motion to amend their complaint against their employer and corporate officers was granted with respect to new federal claims, denied without prejudice with respect to a malicious prosecution claim and denies with prejudice with respect to the Bowman claim, ...

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

Although the interpleader plaintiff was entitled to recover its fees and costs, the court significantly reduced the requested hourly rate and number of requested hours. Background Pinnacle Bank froze the bank accounts of several affiliated companies because of IRS levies. ...

Tagged with: Civil Practice Judge Glen E. Conrad U.S. District Court - Western District

A former state employee’s claim that her employer publicized issues about her insubordination, attendance and incompetence was insufficient to state a claim under § 1983 because these statements all related to plaintiff’s job performance, which does not rise to the ...

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

The court granted summary judgment to an insurer, finding a family’s insurance policy excluded coverage for loss from mold, so even if mold was caused by water infiltration, the mold exclusion applied and coverage was barred. Background Defendant NGM Insurance ...

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

In a ruling that denied both sides’ motions for summary judgment involving a man’s 25-foot fall while installing a tree step, the court rejected both sides’ efforts to exclude the other’s experts in their entirety but limited the testimony of ...

Tagged with: Judge Elizabeth K. Dillon Products Liability U.S. District Court - Western District

Although law enforcement interviewed the defendant for two hours in his mother’s living room about his possible involvement in child pornography, the officers were not required to give him Miranda warnings because he was not subjected to restraints of the ...

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

The plaintiffs’ failure to provide an expert report meant their physician would be limited to testifying as to his treatment of the plaintiffs and the opinions reflected in his records, and not about possible future complications or treatments. Background Plaintiffs ...

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