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

WDVA: Forest Service wins easement enforcement action (access required)

Property owners must remove a gate impeding reasonable use of an easement on their property by the U.S. Forest Service, providing regulated recreational access to public lands. They erected the gate to mitigate illegal behavior resulting from public access. Background ...

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WDVA: Diversity-based school staffing claims survive dismissal (access required)

A white high school principal can proceed with discrimination claims against the school board, which allegedly demoted her after the superintendent implied that school staff should “look like” the student body. Background Plaintiff Angela Weinerth is a white female over ...

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Judge won’t shield cops who kicked family out of home (access required)

Law enforcement officers who forced two family members out of their Patrick County home after a foreclosure auction and blocked them from retrieving personal property face a jury trial on conversion and civil rights claims, a Danville federal judge has ...

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WDVA: No sovereign immunity in tax-lien discharge suit (access required)

A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, ...

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WDVA: State defendants not liable for “Unite the Right” inaction (access required)

A Charlottesville counter-protester who claimed law enforcement stood by and watched white nationalist protesters assault him and others had no constitutional right to have officers intervene in the third-party misconduct. Background In response to Charlottesville’s renaming of Lee Park, Jason ...

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WDVA: Autistic plaintiff must testify in real-time (access required)

A plaintiff suing the Virginia Department of Corrections cannot offer a pre-taped deposition as testimony, despite his residence and Florida and difficulty staying on topic due to autism. He will be permitted to testify remotely by live video. Background Plaintiff ...

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WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

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WDVA: Alleged trespass not a taking under FRCP 71.1 (access required)

A pipeline construction company had no legal right to use an access road on the defendants’ property, and therefore the company did not “possess” the land so as to require just compensation to the owner. Background This matter is before ...

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WDVA: Oral “settlement” no basis to refuse discovery (access required)

A settlement agreement allegedly procured by the defendant’s “debt negotiator” will not be enforced, and the defendant must produce responsive documents in compliance with the court’s most recent discovery order. Background Plaintiff Innotec LLC sued Defendant Visiontech Sales and its ...

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