Franchisor Wins Case on Discovery Admissions

Complaint Sufficient to Seize Cash

By Deborah Elkins
Published: May 15, 2013
Tags: Criminal, Judge James C. Cacheris, U.S. District Court - Eastern District

In this civil forfeiture action involving $17,550 seized by Fairfax County police officers from claimant’s vehicle during a traffic stop, the Alexandria U.S. District Court denies claimant’s motion to dismiss the action because the government’s complaint supports the initial seizure of the cash. The court finds the government has stated facts sufficient to support a [...]

Post-Discovery Complaint Amendment Allowed

By Deborah Elkins
Published: May 3, 2013
Tags: Judge James C. Cacheris, Securities Fraud, U.S. District Court - Eastern District

In an investor’s suit alleging defendant technology company and its founder committed securities fraud, an Alexandria U.S. District Court overrules defendants’ objections and accepts the magistrate judge’s recommendation to allow plaintiff to file a second amended complaint and motion to compel. In his first amended complaint, plaintiff alleged defendants committed securities fraud by selling plaintiff [...]

Borrower’s Fraud & Conspiracy Claims Dismissed

By Deborah Elkins
Published: April 24, 2013
Tags: Judge James C. Cacheris, Real Estate, U.S. District Court - Eastern District

A plaintiff who has defaulted on a $650,000 mortgage loan on his Fredericksburg property has his suit alleging fraud dismissed by the Alexandria U.S. District Court for lack of sufficient detail about time, place or content of any alleged fraudulent misrepresentations by defendants. To the extent plaintiff’s complaint is littered with bold assertions of the [...]

Email Not Enough to Prove Contract

By Deborah Elkins
Published: April 24, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

Although the parties continued to negotiate terms for defendant’s promotion of a concert featuring plaintiff Wiz Khalifa at George Mason University, with defendant holding out for plaintiff to release a new album, an email from plaintiff’s agent to defendant indicated the parties would wait until formal execution of the attached contract, and the Alexandria U.S. [...]

Arbitration Required for Security Contractor Claims

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants defendant government security contractor’s motion to compel arbitration of three employees’ claims that they were not paid for all the hours they worked and not paid proper pay rates; although only defendant may force arbitration, the agreement is not unconscionable and the agreement as a whole is supported by [...]

Teaming Agreement Not Final & Enforceable

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

In this suit alleging defendant breached a teaming agreement with plaintiff to win a federal contract award, an Alexandria U.S. District Court grants summary judgment to defendant, concluding that the parties’ teaming agreement was not meant to provide a binding obligation but rather to set forth a contractual objective and agreed framework for the negotiations [...]

‘European’ is Protected National Origin, But Suit Fails

By Deborah Elkins
Published: April 1, 2013
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court says “European” is a protected “national origin” classification under Title VII, but nevertheless grants summary judgment to a Northern Virginia community college sued by a former adjunct economics professor who says he suffered illegal discrimination when he was denied permanent appointment. Plaintiff has a Ph.D. in economics from Harvard University [...]

Teacher Can’t Suppress Child Pornography Statements

By Deborah Elkins
Published: March 12, 2013
Tags: Criminal, Judge James C. Cacheris, U.S. District Court - Eastern District

The Alexandria U.S. District Court denies a graduate teaching student’s motion to suppress statements made to federal investigators in two interviews four hours apart, the second after a computer forensic review and signed waiver of Miranda rights; although federal agents initially entered with weapons drawn, the first interview at defendant’s residence was not custodial considering [...]

‘Willfulness’ Standard Disputed in Campaign Donation Case

By Deborah Elkins
Published: February 25, 2013
Tags: Criminal, Judge James C. Cacheris, U.S. District Court - Eastern District

In defendants’ prosecution for illegally soliciting and reimbursing contributions from their employees to Hillary Clinton’s political campaigns, the Alexandria U.S. District Court denies a defendant’s motion to reconsider the meaning of the “willfulness” element of the charged campaign finance violations. Defendant argues that, contrary to the court’s conclusion, campaign finance laws are complex and the [...]