Elawyers Elawyers
Virginia| Change
Find the right lawyer for your legal problem

Faster, Smarter and More Accurate

District Court, W.D. Virginia

Find Case Laws by Filters
Sort byYou can sort data by applying different sort criteria
Most Lastest
Most Earliest
The Last Three Years
Kevin D. v. Berryhill, 4:17-cv-00068. (2018)
District Court, W.D. Virginia Filed:VA Dec. 26, 2018 Citations: 4:17-cv-00068.

REPORT & RECOMMENDATION JOEL C. HOPPE , Magistrate Judge . Plaintiff Kevin D. asks this Court to review the Acting Commissioner of Social Security's ("Commissioner") final decision denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act (the "Act"), 42 U.S.C. 401-434, 1381-1383f The case is before me by referral under 28 U.S.C. 636(b)(1)(B). ECF No. 12. Having considered the...

# 1
Daniel C. v. Berryhill, 5:17-cv-00074. (2018)
District Court, W.D. Virginia Filed:VA Dec. 28, 2018 Citations: 5:17-cv-00074.

REPORT & RECOMMENDATION JOEL C. HOPPE , Magistrate Judge . Plaintiff Daniel C. asks this Court to review the Acting Commissioner of Social Security's ("Commissioner") final decision terminating his disability insurance benefits ("DIB") under Title II of the Social Security Act (the "Act"), 42 U.S.C. 401-434. The case is before me by referral under 28 U.S.C. 636(b)(1)(B). Having considered the administrative record, the parties' briefs and oral arguments, and the applicable law, I...

# 2
Andrew H. v. Berryhill, 6:17-cv-61. (2018)
District Court, W.D. Virginia Filed:VA Dec. 28, 2018 Citations: 6:17-cv-61.

REPORT AND RECOMMENDATION ROBERT S. BALLOU , Magistrate Judge . Plaintiff Andrew H. ("Andrew") filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") finding him not disabled and therefore ineligible for supplemental security income ("SSI") under the Social Security Act ("Act"). 42 U.S.C. 1381-1383f. Andrew alleges that the Administrative Law Judge ("ALJ") erred because: (1) he improperly evaluated Andrew's mental impairments under SSR...

# 3
Messer v. McCoy, 7:18-cv-00353. (2018)
District Court, W.D. Virginia Filed:VA Dec. 27, 2018 Citations: 7:18-cv-00353.

MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . Plaintiff, proceeding pro se , filed a civil rights complaint, pursuant to 42 U.S.C. 1983. By Order entered December 6, 2018, the court directed plaintiff to submit within 10 days from the date of the Order the full filing fee or otherwise respond because it has come to the attention of the court that plaintiff has been released from incarceration and is no longer subject to the provisions of the Prisoner Litigation Reform...

# 4
U.S. v. Rumley, 4:08CR00005. (2018)
District Court, W.D. Virginia Filed:VA Dec. 27, 2018 Citations: 4:08CR00005.

MEMORANDUM OPINION JACKSON L. KISER , Senior District Judge . Clinton Lee Rumley, a federal inmate, has filed an authorized successive motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, arguing that his enhanced sentence as an armed career criminal under the Armed Career Criminal Act, 18 U.S.C. 924(e), ("ACCA"), is unlawful. After consideration of the record and applicable case law, the court concludes the Rumley's motion must be granted. I. Rumley was...

# 5
Stinnie v. Holcomb, 355 F.Supp.3d 514 (2018)
District Court, W.D. Virginia Filed:VA Dec. 21, 2018 Citations: 355 F.Supp.3d 514, 3:16-CV-00044.

MEMORANDUM OPINION NORMAN K. MOON , SENIOR UNITED STATES DISTRICT JUDGE . The plaintiffs in this putative class action have sued the Commissioner of Virginia's Department of Motor Vehicles, challenging the constitutionality of Virginia Code 46.2-395 (" 46.2-395"), which requires the automatic suspension of drivers' licenses for failure to pay state court fines and costs. Plaintiffs have moved for a preliminary injunction to: (1) enjoin the Commissioner from enforcing 46.2-395; (2)...

# 6
Rothy's, Inc. v. JKM Technologies, LLC, 360 F.Supp.3d 373 (2018)
District Court, W.D. Virginia Filed:VA Dec. 20, 2018 Citations: 360 F.Supp.3d 373, 3:18-cv-00067.

MEMORANDUM OPINION Michael F. Urbanski , Chief United States District Judge . Plaintiff Rothy's, Inc. ("Rothy's") manufacturers and markets a ballet flat shoe named The Flat. Defendant JKM Technologies, LLC d/b/a OESH Shoes ("JKM") manufacturers and markets a competing ballet flat shoe named the Dream Flat. Rothy's filed suit, alleging patent infringement and Lanham Act violations against defendants JKM and Dr. Casey Kerrigan (collectively, "Defendants"), based on perceived similarities...

# 7
Morris v. Wilmington Savings Fund Society, 360 F.Supp.3d 363 (2018)
District Court, W.D. Virginia Filed:VA Dec. 18, 2018 Citations: 360 F.Supp.3d 363, 5:18-cv-76.

MEMORANDUM OPINION Michael F. Urbanski , Chief United States District Judge . Plaintiff Katherine Morris (Morris) brings this action against Wilmington Savings Fund Society (WSFS), asserting, in four counts, three breach of contract claims and a fourth claim for violation of federal lending laws. This matter is before the court on WSFS's motion to dismiss. Morris's complaint was filed in the Circuit Court for the County of Page, Virginia on or about April 16, 2018 and removed to federal...

# 8
Ward v. Berryhill, 7:17CV00310. (2018)
District Court, W.D. Virginia Filed:VA Dec. 18, 2018 Citations: 7:17CV00310.

FINAL JUDGMENT AND ORDER GLEN E. CONRAD , Senior District Judge . For the reasons stated in the accompanying memorandum opinion, it is now ORDERED that summary judgment is entered for the defendant The Clerk is directed to send copies of this order to all counsel of record.

# 9
Ward v. Berryhill, 7:17CV00310. (2018)
District Court, W.D. Virginia Filed:VA Dec. 18, 2018 Citations: 7:17CV00310.

MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Plaintiff has filed this action challenging the final decision of the Commissioner of Social Security denying plaintiff's claim for a period of disability and disability insurance benefits under the Social Security Act, as amended, 42 U.S.C. 416(i) and 423. Jurisdiction of this court is established pursuant to 42 U.S.C. 405(g). This court's review is limited to a determination as to whether there is substantial evidence to...

# 10
U.S. v. Rivera, 7:15-cr-101. (2018)
District Court, W.D. Virginia Filed:VA Dec. 18, 2018 Citations: 7:15-cr-101.

MEMORANDUM OPINION ROBERT S. BALLOU , Magistrate Judge . Christopher L. Rivera ("Rivera") was charged with driving while his license was revoked in violation of 36 C.F.R. 4.2(b) while on the Blue Ridge Parkway. No law enforcement officer observed Rivera driving a vehicle. In court, Rivera pleaded not guilty. The case proceeded to trial and, at the conclusion of the evidence, I took the case under advisement to consider the fact that no park ranger personally observed Rivera driving the...

# 11
Stepp v. U.S. Bank National Association, 5:18-cv-00052. (2018)
District Court, W.D. Virginia Filed:VA Dec. 18, 2018 Citations: 5:18-cv-00052.

MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . In her lawsuit, plaintiff Jacqueline Dawn Stepp asserts that defendant U.S. Bank National Association (the Bank) 1 improperly foreclosed on her home. The gist of Stepp's complaint is that the Bank failed to comply with regulations applicable to her loan, promulgated by the Department of Housing and Urban Development (HUD) and incorporated into her deed of trust. Specifically, she contends that the Bank failed to offer, attempt, or...

# 12
Danville Commercial Industrial Storage, LLC v. Selective Insurance Company of South Carolina, 4:18cv00050. (2018)
District Court, W.D. Virginia Filed:VA Dec. 18, 2018 Citations: 4:18cv00050.

MEMORANDUM OPINION JACKSON L. KISER , Senior District Judge . This matter is before the Court on Defendants' various Motions to Dismiss [ECF Nos. 20, 23.] Following full briefing by the parties, I heard oral arguments on the motions on November 27. [ECF No. 42.] I have reviewed the pleadings, the facts and arguments of the parties, and the relevant law, making the matter ripe for disposition. For the reasons stated herein, I will grant the motions to dismiss and grant Plaintiffs fourteen (...

# 13
Snodgrass v. Gilbert, 7:16CV00091. (2018)
District Court, W.D. Virginia Filed:VA Dec. 17, 2018 Citations: 7:16CV00091.

MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . The plaintiff, Kevin Snodgrass, Jr., a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983, raising multiple claims. The court has already adjudicated many of his claims regarding prison conditions. After review of the record, the court concludes that the three defendants remaining before the court are entitled to judgment. Snodgrass has also filed a motion for interlocutory injunctive...

# 14
U.S. v. Patel, 5:11-CR-0003. (2018)
District Court, W.D. Virginia Filed:VA Dec. 12, 2018 Citations: 5:11-CR-0003.

MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . Petitioner Anjay Patel filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 on two grounds. First, Patel claims the court's 2013 ruling denying release of forfeited substitute assets to pay his retained counsel is undone by the 2016 Supreme Court decision in Luis v. United States , 136 S.Ct. 1083 (2016). Second, Patel claims the government withheld discovery of an Office of Inspector...

# 15
Clehm v. BAE Systems Ordnance Systems, Inc., 7:16-cv-00012. (2018)
District Court, W.D. Virginia Filed:VA Dec. 14, 2018 Citations: 7:16-cv-00012.

MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . This matter is before the court on incarcerated defendant Joshua Linkous' pro se post-trial motion for a new trial or, in the alternative, relief from judgment, pursuant to Rule 59 and Rule 60 of the Federal Rules of Civil Procedure, respectively. ECF Nos. 224-227. This case arises from multiple instances of sexual assault and battery perpetrated by defendant Joshua Linkous ("Linkous") against plaintiff Carla Clehm ("Clehm")...

# 16
U.S. v. Howard, 7:08CR00023 (2018)
District Court, W.D. Virginia Filed:VA Dec. 14, 2018 Citations: 7:08CR00023, 7:18CV81344.

MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Corey McKinzie Howard, a federal inmate proceeding pro se , filed a pleading titled "Petitioner's motion to compel the Government to produce discovery and production of documents," ECF No. 115. By order entered November 27, 2018, the court construed this pleading as a motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. 2255. Upon consideration of the 2255 motion and the record, the court concludes that...

# 17
Proctor v. Dir., Dep't of Corr., 7:11CV00202. (2018)
District Court, W.D. Virginia Filed:VA Dec. 13, 2018 Citations: 7:11CV00202.

OPINION & ORDER JACKSON L. KISER , Senior District Judge . Erin Dean Proctor, a Virginia inmate proceeding pro se, has submitted a motion for reconsideration pursuant to Rule 60(b)(6), seeking reconsideration of the 2011 dismissal of his 28 U.S.C. 2254 petition. After review of the record, I deny the motion. I. Rule 60(b) allows a party to seek relief from a final civil judgment in a limited number of circumstances, including: (1) mistake or neglect; (2) newly discovered evidence; (...

# 18
Doe ex rel. Lopez v. Shenandoah Valley Juvenile Center Commission, 5:17-cv-97. (2018)
District Court, W.D. Virginia Filed:VA Dec. 13, 2018 Citations: 5:17-cv-97.

MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . I. BACKGROUND Doe 4 and the class he represents bring this action against Shenandoah Valley Juvenile Center Commission (Commission). The members of the class (the Detainees) are Latino immigrant youths who are or may be confined in the future at the Shenandoah Valley Juvenile Center (the Center). (Second Am. Compl. 1-2; Dkt. No. 68.) Doe 4 is a seventeen-year-old Honduran citizen who came to the United States to seek protection as...

# 19
Doe ex rel. Lopez v. Shenandoah Valley Juvenile Center Commission, 355 F.Supp.3d 454 (2018)
District Court, W.D. Virginia Filed:VA Dec. 13, 2018 Citations: 355 F.Supp.3d 454, 5:17-cv-97.

MEMORANDUM OPINION Elizabeth K. Dillon , United States District Judge . Pending before the court and addressed herein is defendant's motion for summary judgment, in which defendant seeks summary judgment on all of John Doe 4's (Doe 4) claims and consequently—according to defendant—summary judgment as to the entirety of plaintiffs' case. (D.'s Br. Supp. Mot. Summ. J., Dkt. No. 100.) The motion was briefed, argued before the court, and supplemental briefs were filed as required by the...

# 20

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer