Insurance – Bad Faith Claim – Trucker Negligence – Settlement Offer 
By Deborah Elkins
Published: August 4, 2008
A Danville U.S. District Court says an insurance company might have been negligent in offering only $100,000 to settle an auto accident case in which it saw a 45 percent chance of a verdict of $1M to $1.5M and the defendant trucker had only $1M in coverage, but defense lawyers investigated the case and kept [...]
Contract – Fraud – Engineering Services – Phony Invoices – RICO
By Deborah Elkins
Published: August 4, 2008
A nationwide real estate investment trust wins summary judgment in the Alexandria U.S. District Court on its fraud, business tort and RICO claims against its former engineering manager who defrauded the company of millions of dollars by hiring an environmental company where the manager’s brother worked and approving payment of fraudulent invoices submitted by the [...]
Criminal – Habeas – Guilty Plea – Identity Theft
By Deborah Elkins
Published: August 4, 2008
A defendant who pleaded guilty to aggravated identity theft for using credit card numbers of patients at the doctor’s office where she worked to place online orders for clothing and electronic equipment, cannot set aside her conviction in a § 2255 motion alleging her lawyer provided constitutionally ineffective assistance of counsel.
Petitioner claims there was a [...]
Labor – Union Recognition Withdrawal – Employer Action – Injunction
By Deborah Elkins
Published: August 4, 2008
Although there was a substantial, employee-led effort to decertify the union at defendant’s Boykins, Virginia, plant that manufactured seat belt webbing, a Norfolk U.S. District Court nevertheless concludes employer did impermissibly interject itself into that employee-led effort, by such measures as the HR director’s use of a quality control intern to solicit employee signatures on [...]
Civil Procedure – Discovery – General Objections
By Deborah Elkins
Published: August 4, 2008
In this lawsuit alleging breach of a contract for the sale of a 150 Mononbloc filler and capper machine to defendant Surefil, a Richmond U.S. District Court refuses to recognize defendant’s “general objections” to plaintiff’s discovery requests.
Defendant Surefil timely filed general objections on May 23, 2008, but it did so in violation of the procedural [...]
Insurance – Homeowner Policy – Duty To Defend – Sexual Molestation – Notice Of ‘Occurrence’
By Deborah Elkins
Published: August 4, 2008
An Alexandria U.S. District Court says a couple has no coverage under a homeowners’ policy against claims that their two sons sexually molested their female cousin years earlier, a claim for which the homeowners failed to notify the carrier until the cousin’s family filed suit five years after the homeowners learned of the accusations.
Virginia courts [...]
Contract – Mailing List – Confidentiality – Limitations – Good Faith Covenant
By Deborah Elkins
Published: August 4, 2008
A mortgage lender whose contract with a mailing list broker included confidentiality clauses, and who suspected a former vice president fired by the lender of setting up a competing company and using the same mailing list customer criteria developed by plaintiff lender, can sue for a “continuous breach” of the covenant of good faith and [...]
Intellectual Property – Patent Application – Rules Waiver – Lost Package
By Deborah Elkins
Published: August 4, 2008
A patent applicant loses its challenge to the USPTO’s denial of plaintiff’s petitions to be spared the effect of a delay in filing its patent application attributable to an “extraordinary situation”; although the Alexandria U.S. District Court agrees the PTO should have recognized an “extraordinary situation” arose when the courier for the law firm filing [...]
Employment Discrimination – National Origin – Project Management Experience
By Deborah Elkins
Published: August 4, 2008
A Pakistani engineer who previously had managed large-scale projects and who reportedly had difficulty translating that experience into the detail-oriented management of smaller-scale projects for defendant Loudoun County, who terminated plaintiff during the probationary period, loses his suit alleging Title VII national origin discrimination when the Alexandria U.S. District Court awards summary judgment to the [...]
Intellectual Property – PTO Regs – Filing Date – Express Mail
By Deborah Elkins
Published: August 4, 2008
A plaintiff who used the Postal Service’s “Express Mail” service to file a patent application for his “Hand Tool Support” invention is bound by the June 24, 2005 date as indicated on the mailing label affixed to the package, as the filing date for his patent application, and the Alexandria U.S. District Court rejects plaintiff [...]
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