Where a former employee did not show severe or pervasive harassment or that she was constructively discharged, Virginia Tech and the state prevailed on hostile work environment, discrimination and retaliation claims. Background On June 19, 2018, Dr. Kimberly Renae Andrews ...

Tagged with: Employment Discrimination Judge Glen E. Conrad U.S. District Court - Western District

The Town of Abingdon won dismissal of a complaint by a former town employee by demonstrating that her claims of a defamatory statement was actually an opinion, that her due process rights were not violated and she was not constructively ...

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

Where a former Town of Abingdon manager failed to allege facts showing he was constructively discharged, that he was satisfying the town’s legitimate expectations or that the town interfered with his rights under the Americans with Disabilities Act, his ADA ...

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

Although the Individuals with Disabilities Education Act, or IDEA, was referenced in a suit filed on behalf of an 11-year old child injured on school property, the defendants’ negligence can be decided without reference to the IDEA and the duties ...

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

Although the defendant’s corporate witness was unable to respond to a number of topics listed on the Rule 30(b)(6) notice, the plaintiff, who alleged violations of the Fair Debt Collection Act in efforts to collect student loan debts, lost his motion ...

Tagged with: Consumer Protection Judge Robert S. Ballou U.S. District Court - Western District

A Virginia law firm is defending its litigation strategy in a bid to collect more than $165,000 in unpaid bills from a disgruntled client. The client – a defendant in a chemical exposure case – avoided liability with a statute ...

Tagged with: Attorneys Fees Contract fees Judge Henry E. Hudson U.S. District Court - Western District

A company that retained a law firm to represent it in a lawsuit, but then stopped paying the law firm’s invoices, is liable for attorneys’ and expert fees and costs, with the amounts to be determined at an evidentiary hearing. ...

Tagged with: Contract Judge Henry E. Hudson U.S. District Court - Western District

A company constructing a 600-mile natural gas pipeline was awarded an easement after the property owner failed to respond to the complaint in condemnation. The defaulting party was awarded $602.17 in compensation based on the condemnor’s expert opinion. Background This ...

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

As the government has an important interest in prosecuting a defendant charged with the premeditated murder of his cellmate, there will be a hearing to determine whether the defendant will be forced to take antipsychotic medication to restore his competency ...

Tagged with: Criminal Judge Pamela Meade Sargent U.S. District Court - Western District

The landowners’ bid to delay a trial over compensation for a natural gas pipeline easement failed, as did their untimely effort to supplement discovery. Moreover, because the landowners failed to provide admissible evidence that the amount of just compensation exceeds ...

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