A plaintiff in a premises liability action was entitled to discover the policies and procedures used by the defendant to maintain the safety of its premises at the time of plaintiff’s injury because even though the policies and procedures could ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

An employee plausibly alleged his former employer violated the Family and Medical Leave Act when it terminated him days after he requested leave to care for his two ill sons. The allegations were sufficient to state claims of discrimination, retaliation ...

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

Two companies that simply administer an insurance policy, and a third company that was involved in issuing the policy, were dismissed from a coverage suit because, while they are affiliated with the insurer, they are not parties to the policy. ...

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

Excessive billing, vague time entries and block billing, as well as the plaintiff’s overall lack of success on his claims means that, while attorneys representing a plaintiff who successfully prevailed on his § 1988 claim will receive almost $490,000 in ...

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

After the magistrate judge recommended reducing the plaintiff’s attorney fee award by almost 40% because of excessive billing, vague time entries, block billing and the plaintiff’s overall lack of success on his claims, the district court further reduced the fee ...

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

Where a plaintiff whose original claims were based on state law used a mechanism created by state law to aid in its enforcement of a state court judgment of less than $10,000, the defendant, who was a citizen of the ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

An individual accused of being part of a deep state conspiracy to orchestrate violence in Charlottesville after he posted a video recording showing someone driving a vehicle into a crowd of protesters had a valid defamation claim against defendants who ...

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

Clarence Whitaker alleged that his wife’s 2007 Hyundai Santa Fe was defective because a critical wiring harness had become disconnected. Mrs. Whitaker was found dead between her car and the side of her house. Police found that the vehicle was ...

Tagged with: Defense Verdict Judge Michael F. Urbanski Products Liability U.S. District Court - Western District

A federal task force devoted to prosecuting medical professionals who overprescribe opioids in Appalachia has begun operating in the Western District of Virginia. The Appalachian Regional Prescription Opioid strike force began work late last year and has since charged 53 ...

Tagged with: Opioid Epidemic U.S. District Court - Western District

A federal judge – on his own motion – has denied class certification in an inmate medical case based on his view that the inmate’s lawyers were inadequate to handle a class action. The judge last month cited the lawyers’ ...

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