Defendant Must Pay Forfeiture & Restitution
A defendant convicted of mail fraud and aggravated identity theft for his role in a conspiracy to obtain tax refunds by filing fraudulent tax returns with stolen identities is subject to a mandatory...
View ArticleNo Coverage for False Advertising Claim
In a declaratory judgment action seeking coverage under a commercial liability policy for defendant Crawl Space Door System’s defense of a New Jersey lawsuit, the Norfolk U.S. District Court says the...
View ArticleFederal Claims Dismissed, State Claims Remanded
In plaintiff’s lawsuit alleging defendant police officers were grossly negligent in failing to obtain prompt medical assistance and delaying in order to conduct sobriety tests after plaintiff was...
View ArticleArbitration Ordered for Shipping Contract
In this dispute over plaintiff coal company’s suit for damages to a shipment of mining shovels from Australia to Hampton Roads, the Norfolk U.S. District Court construes the chartered vessel’s motion...
View ArticleMold case was to be heard in Norfolk
A contentious lawsuit over mold in military housing is set to go to trial Tuesday in Norfolk federal court. Pre-trial skirmishes continued in recent days, with U.S. District Judge Raymond Jackson...
View ArticleWelcome Center Materials Are ‘Protected Speech’
A publisher of visitors’ guides to Virginia does not have standing to challenge Virginia Department of Transportation policies governing what may be displayed in VDOT Welcome Centers and rest areas;...
View ArticleEmployer ID Did Not Create ‘Covered Auto’
Although a truck-tractor involved in an accident with a bicyclist had the USDOT Carrier ID number of the driver’s employer, the vehicle was not a “covered auto” under the employer’s commercial...
View ArticleEmployer ID Did Not Create ‘Covered Auto’
Although a truck-tractor involved in an accident with a bicyclist had the USDOT Carrier ID number of the driver’s employer, the vehicle was not a “covered auto” under the employer’s commercial...
View ArticleNo Benefits for Navy Seal Suicide’s Family
The widow of a man who retired after serving 17 years as a Navy Seal, and who showed signs of chronic traumatic encephalopathy from exposure to enemy gunfire and mortar fire blasts, cannot collect...
View ArticleDelivery Failure Breaches Medical Supply Contract
In this contract dispute between plaintiff BMK Solutions LLC, a Virginia producer of medical kits certified as a Tactical Combat Casualty Care government contractor, and defendant BioStat LLC, a...
View ArticleCourt Upholds Child Porn ‘Playpen’ Warrant
A Norfolk U.S. District Court says the government’s use of a Network Investigative Technique to conduct searches of personal computers after its seizure of “Playpen,” a website that facilitates...
View ArticleNo Patent for Computer Claim’s ‘Abstract Idea’
Plaintiffs’ claims that defendant’s ‘432 patent, relating to a method for centralized identification and authentication of users and their transactions to increase security in e-commerce, are invalid...
View ArticleChild Porn ‘Playpen’ Warrant Approved
Following its earlier opinion covering the same Fourth Amendment issues, a Norfolk U.S. District Court upholds the government’s use of a Network Inves¬tigative Technique to conduct searches of...
View ArticleFranchise Agreement Covered Telecom Installations
In plaintiff telecommunication company’s dispute over the terms and enforcement of a franchise agreement granting plaintiff use of the public rights-of-way within the city of Newport News, the...
View ArticleVa. Robbery Is ‘Violent Crime’ for Career Offender Status
A defendant who pleaded guilty to possession of cocaine base with intent to distribute can be sentenced as a career offender under USSG § 4B1.1 because his prior Virginia conviction for robbery is a...
View ArticleSentencing Court Cites ‘Evolving Law’ on Marijuana
A Newport News U.S. District Court revokes a drug defendant’s supervised release for multiple violations of his conditions, including DWI and marijuana possession; however, in light of the “evolving...
View ArticleBrokerage Customers Must Arbitrate Claims
Although plaintiffs contend their signatures on a brokerage account application were forged, their reliance on and receipt of benefits from their contract for the account estops them from repudiating...
View ArticleCGL Policy Did Not Cover Contract Repairs
Although contract provisions called for plaintiff Electric Motor Contracting Corporation to pay for repairs negligently performed by its subcontractors on EM’s contract to repair Navy generators, EM...
View ArticleNo Ch. 13 Discharge for Home Loan Default
A chapter 13 debtor who failed to make ongoing direct payments to the lender on her post-confirmation home mortgage loan modification defaulted on payments “under the plan” and was not entitled to a...
View ArticleEstate – Foreclosure – Motion for Preliminary Injunction – Standing
The Estate of Martha Dawson, et al., v. Ditech Financial, LLC, et al. (VLW 017-3-425, 7pp.) (Robert G. Doumar, S.J.) 4:17-cv-93; E.D.V. Holding: The Real Estate Settlement Procedures Act, as well as...
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