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Tag Archives: U.S. District Court – Western District

No interlocutory review over ADA decision (access required)

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 ...

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Use of experts, testimony in pipeline trial clarified (access required)

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 ...

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Testimony of firearm identification experts limited in gang case (access required)

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 ...

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CFO’s termination was not unlawful (access required)

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 ...

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Judge: No ‘Twiqbal’ standard for affirmative defenses (access required)

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 ...

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Conspiracy to smuggle contraband into jail rejected (access required)

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 ...

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Choice Hotel chain prevails in trademark suit (access required)

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. ...

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