Michael Francis Urbanski — judge journal: record, career & affiliations — IJR

Michael Francis Urbanski — judge journal: record, career & affiliations — IJR

Decision record

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Harrison v. the Kroger Co.
District Court, W.D. Virginia · 2010-07-22 · cited 7×
This case involved a premises liability claim by plaintiff Lisa Harrison against Kroger after she slipped and fell on a small puddle of pink liquid in a store aisle in August 2006. Harrison filed suit alleging negligence, claiming Kroger failed to maintain safe premises. The court granted Kroger's motion for summary judgment, holding that Harrison failed to present evidence that Kroger created the hazard or had actual or constructive notice of the spill before the fall. The decision rested on Virginia negligence law requiring proof of notice for such claims, with the record showing employees had inspected the area shortly before without seeing any substance and no indication of how long the liquid had been present.
torts & liabilityprocedure
Walker v. Astrue
District Court, W.D. Virginia · 2009-10-21
Rhonda Walker sued the Commissioner of Social Security seeking review of the denial of her claim for supplemental security income benefits based on back pain and anxiety. The court found that the ALJ's decision was supported by substantial evidence as to Walker's physical impairments and her mental condition prior to 2006. It remanded the case for further administrative proceedings to evaluate the impact of her mental impairments on functional capacity beginning April 25, 2006, the date of her first psychiatric hospitalization, because the record contained no medical opinions addressing her condition after multiple 2006 inpatient stays and 2007 outpatient treatment. The court directed the Commissioner to obtain a consultative psychiatric examination to aid in that assessment.
federal powerhealthcare
Billings v. Stonewall Jackson Hospital
District Court, W.D. Virginia · 2009-06-15 · cited 2×
The case involves plaintiff Molly Billings' claim under the Americans with Disabilities Act that her termination from Stonewall Jackson Hospital was due to her disability from breast cancer and related lifting restrictions. Billings moved to compel the deposition testimony of the hospital's in-house attorney and human resources consultant regarding their discussions about her termination. The court denied the motion, holding that the communications were protected by attorney-client privilege because they were confidential and made for the purpose of seeking legal advice. The court found no waiver from prior disclosures to the EEOC or in discovery responses, as those materials did not reveal the substance of the privileged conversations, and rejected the crime-fraud exception due to lack of evidence of evidence fabrication.
labor & employmentcivil rightsprocedure
Bryant v. Yorktowne Cabinetry, Inc.
District Court, W.D. Virginia · 2008-02-27 · cited 5×
This case involves an employment discrimination lawsuit in which defendant Yorktowne Cabinetry moved to bar plaintiff's counsel from further ex parte contacts with its former employees, to obtain notes from a prior interview with former HR manager Anne Goins, and to disqualify counsel. The court denied the motion in full. It held that Virginia Rule of Professional Conduct 4.2 and its comments expressly permit ex parte communications with former employees of an opposing organization, even those who were once in the control group, provided counsel does not seek privileged or confidential information. The court distinguished contrary precedent and noted that ethics opinions and the majority of other jurisdictions reach the same conclusion.
labor & employmentcivil rightsprocedure
Martinsville Cable, Inc. v. Time Warner N.Y. Cable, LLC
District Court, W.D. Virginia · 2006-08-24 · cited 1×
United States v. Powers
District Court, W.D. Virginia · 2004-04-16 · cited 5×