Even though the Virginia State Bar completed its evaluations and recommendations for an open judgeship in Virginia’s Western District more than a year and a half ago, the VSB is evaluating the attorney preferred by Republican President Donald Trump. The ...

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

A Roanoke federal judge said he is joining the “growing number of courts” rejecting a heightened pleading standard for affirmative defenses in civil litigation. Plaintiffs chafing at the higher pleading hurdle imposed by Supreme Court opinions a decade ago argued ...

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

Although the defendant challenged the indictment to smuggle contraband into the jail on multiple grounds, including that that jail is not a “prison” within meaning of the federal statute and the statute is unconstitutionally vague the court rejected each of ...

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

Where Choice Hotels demonstrated its former franchisee continued to use the hotel trademarks after the franchise arrangement ended, thus violating the Lanham Act, the hotel chain was awarded attorneys’ fees and a permanent injunction preventing defendants from using the marks. ...

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

Where the government began recoupment proceedings in 2008 against a debtor  discharged from the Air Force because she was lesbian in order to recover funds expended on her behalf under the ROTC program, her 2017 challenge to recoupment proceedings was ...

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

Although the defendants argued the plaintiff lacked standing to asserting claims under the Fair Debt Collection Practices Act, the court held the alleged FDCPA violations created a material risk of harm that was sufficient to establish standing. Background Willie Henderson ...

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

The court clarified what evidence and argument a party could introduce and rely upon in the breach of contract case. Background The matter presently before the court is Norfolk Southern Railroad Company’s motion for clarification of the court’s ruling on ...

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

Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify ...

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

Where four male students were suspended or expelled from Virginia Tech after they were accused of sexual misconduct, they could not sue the school for due process violations because they did not have a protected liberty or property interest in ...

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

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

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