Where a defendant whose drug conspiracy conviction was vacated and who remains incarcerated pending resolution of his appeal of an order denying a motion to dismiss on double jeopardy grounds, is a flight risk, the outbreak of COVID-19 was not ...

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

Where a plaintiff suing several defendants after a shooting at the Lynchburg General Hospital’s Psychiatric Emergency Center requested documents on the firearms and training policies created by the group that designed the center, and the defendants argued that data was ...

Tagged with: Civil Rights Judge Robert S. Ballou U.S. District Court - Western District

Where a plaintiff suing over the shooting death of a fleeing suspect relied on two 2014 shootings involving sheriff’s deputies, those incidents did not present “[a] pattern of similar constitutional violations” showing deliberate indifference or a conscious choice regarding training. ...

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

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

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

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

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

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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

Despite the defendant’s protest that its failure to respond to a workplace accident lawsuit was a result of “excusable neglect,” a federal judge refused to set aside a jury’s verdict worth at least $7.5 million. The case presented a choice ...

Tagged with: Federal Tort Claims Act Judge James P. Jones Tort U.S. District Court - Western District

Where the indemnity agreement obligated the defendant to satisfy the insurer’s “losses, costs, damages, attorneys’ fees and expenses,” the insurer was awarded over $3.3 million, after deductions for unreasonable and inconsistent redactions in its invoices. Background On July 3, 2020, ...

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

Even if a company had meritorious defenses to the negligence claim brought by a workman who was seriously injured when he fell through a collapsing grate, it did not show that its failure to timely respond to the complaint was ...

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

The defendants in a trucking accident lawsuit should not be allowed to use a pair of medical experts who were designated after a discovery deadline, a federal judge in Roanoke has ruled. U.S. District Judge Thomas Cullen rejected the defendants’ ...

Tagged with: Discovery Expert witness Judge Thomas T. Cullen U.S. District Court - Western District