Civil Practice – Motion to Dismiss – Defamation – Tortious Interference
McCray v. Infused Solutions LLC (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant...
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 Investigative Technique to conduct searches of personal...
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...
View ArticleCivil Practice – Motion to Dismiss – Defamation – Tortious Interference
McCray v. Infused Solutions LLC (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant...
View ArticleEDVA: Fees awarded in Va. Beach neighborhood suit
Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this...
View ArticleBon Mots: May 2018 Edition
As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing...
View ArticleDrugs in car supported arrest of passenger
Officers had probable cause to stop a vehicle for speeding and excessive window tinting. Upon smelling marijuana before even making contact with the driver, they lawfully searched the car and detained...
View ArticleFactual record did not support guilty plea
Pino pleaded guilty to making a false statement in connection with the purchase of a firearm. The court vacated the guilty plea, however, because the factual record did not support it since Pino had...
View ArticleNo crime, no deal
Less than two months after a Fairfax circuit judge considered whether “legal fiction” plea deals were acceptable under the law, a Norfolk federal judge turned thumbs down on a plea agreement because...
View ArticleDefendant doesn’t get property subject to forfeiture
The defendant in an espionage case was entitled to the return of items of personal property that contain no classified information, but the government was not required to return photos, videos and...
View ArticleReal estate-related patent ineligible for patent protection
A patent that provides a prospective buyer or renter automated entry to properties through a lockbox or door lock in conjunction with other devices was simply automation of a human, manual process that...
View ArticleIssues of arbitrability to be arbitrated
Incorporating the Rules of the International Chamber of Commerce into the Aircraft Management arbitration agreement constituted “clear and unmistakable evidence” of the parties’ intent to arbitrate...
View ArticleIneffective counsel claim fails
The defendant’s multiple claims attempting to upset his conspiracy and firearms conviction, including ineffective assistance of counsel and statutory arguments, were rejected as contrary to law....
View Article