Although the defendants decided not to go ahead with the sale of a truck business after it was enjoined from proceeding, the suit is not moot because Volvo has remedies available— one of which does not depend on a pending ...

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

Where there does not appear to be a substantial difference of opinion within the Fourth Circuit that compensatory damages, punitive damages and a jury trial are unavailable for retaliation claims under the ADA, the plaintiff’s motion to pursue an interlocutory ...

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

Disagreements over experts’ testimony and other evidence in advance of a trial over compensation for the taking of certain real property required for Mountain Valley Pipeline’s interstate natural gas pipeline were resolved. Background Mountain Valley Pipeline, or MVP, is constructing ...

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

Where firearm experts’ testimony is subjective and lacks established methodology, error rate or statistical foundation for its conclusions, the experts may not testify that microscopic marks indicate a “match,” that cartridge cases were fired by the same firearm or have ...

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

Where the Southwest Virginia Higher Education Center eliminated the CFO position to meet a budget reduction mandated by then-Gov. Terry McAuliffe, and not because of the plaintiff’s complaints, the defendants’ motion for summary judgment on the whistleblower and retaliation claims ...

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

A pain management physician who showed up with a gun outside his former Albemarle County office does not have insurance coverage for two tort actions filed by colleagues allegedly traumatized by the incident, a judge has ruled. The colleagues are ...

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

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