Where a suit between a company and Wells Fargo is pending in state court, the plaintiff cannot pursue its claims against in federal court as well. Background Property Damage Specialists brought this suit to recover money it alleges it is ...

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

A workplace discrimination lawsuit made by an openly gay female former deputy chief of the Bedford Police can go forward, a Lynchburg federal judge has ruled, finding that the claim was based on her sex, making a member of a ...

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

Where a divorcing couple intended to turn a tenancy-by-the-entireties in their home into a tenancy-in-common in the proceeds once they sold it, the ex-husband can claim a homestead exemption in his portion of the proceeds. Background Phillip Roadcap is a ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court U.S. District Court - Western District

An inmate’s career offender status doomed his motion to reduce his drug offense 210-month sentence. Background On Oct. 1, 2009, a grand jury returned a three-count indictment against Malcolm Carl Young. Count one charged Young with distribution of cocaine base. ...

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

A defendant facing multiple suits involving money laundering, including a criminal prosecution and civil forfeiture proceeding, may tap “untainted” funds to pay his legal fees. Background The United States filed this civil case pursuant to 18 U.S.C. §1345, seeking an ...

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

In a sex trafficking conspiracy trial, the government may introduce threats made by the defendant to victims and others. Background This case is set for a seven-day trial beginning Oct. 15, 2018. At the pretrial conference held on Oct. 9, ...

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

Virginia Tech’s ministerial acts in reporting the academic status of a student on an F-1 visa who was arrested for weapons possession did not violate the student’s due process rights. Background Yunsong Zhao came to the United States on an ...

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

The defendant in a criminal case who sought prospective injunctive relief against the county sheriff failed to plead facts showing the sheriff maintained a custom or policy that allowed misconduct by his officers. Background Plaintiff Les Christopher Burns contends in ...

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

In a case where motions to exclude both sides’ expert witnesses were denied, a jury should decide whether Hyundai is liable for the death of a woman crushed by its Santa Fe vehicle. Background Shannon Whitaker was crushed to death ...

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

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District