No Negligence Claim Against Alarm Company

Injured Buyer Can’t Collect on Handrail Claim

By Deborah Elkins
Published: August 16, 2012
Tags: Judge James C. Cacheris, Negligence, U.S. District Court - Eastern District

In a prospective home buyer’s suit alleging injuries from a fall as she was descending a stairwell with a handrail that did not extend for the last three steps, the Alexandria U.S. District Court grants summary judgment to defendant seller because defendant was not negligent and plaintiff was contributorily negligent. Preliminarily, the court notes plaintiff [...]

‘Condition Precedent’ Is Damages Clause

By Deborah Elkins
Published: August 8, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

In this contract dispute, an Alexandria U.S. District Court says plaintiff, a tech company that provides voice communication services, may try its claim against defendant, a nonprofit health services agency, for breach of an agreement plaintiff says was an installation contract and defendant says was just an agreement on a price quote. Defendant moves for [...]

Confidentiality Waived in Suit Over Settlement

By Deborah Elkins
Published: August 8, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

Virginia’s mediation statute protects the confidentiality of information provided at a mediation conference with a magistrate judge, but defendant waived that privilege in providing that information to the court, and the Alexandria U.S. District Court says it may consider the information in deciding whether the parties reached an enforceable settlement of their dispute over violation [...]

Virginia Noncompete Actions Stayed

By Deborah Elkins
Published: August 2, 2012
Tags: Civil Procedure, Judge James C. Cacheris, U.S. District Court - Eastern District

In this action by employee the Alexandria U.S. District Court grants former employer’s motion to stay employee’s Virginia action pending a ruling on venue in employer’s more procedurally advanced Michigan action. Employee worked at former employer’s Ashland location. He signed an employment agreement with a non-compete provision in November 2010: employee agreed not to work [...]

No Relation Back for New Defendants

By Deborah Elkins
Published: August 2, 2012
Tags: Civil Procedure, Judge James C. Cacheris, U.S. District Court - Eastern District

On re-removal following remand (Creed v. Virginia, 596 F. Supp.2d 930 (E.D. Va. 2009), VLW 009-3-034), an Alexandria U.S. District Court sustains governmental defendants’ objections to the ruling of a magistrate judge allowing a deceased prisoner’s brother to file a third amended complaint adding 19 individual defendants; Rule 15(c)(1)(C) requires notice to the new defendants [...]

Web Host Can Amend Counterclaim

By Deborah Elkins
Published: August 2, 2012
Tags: Civil Procedure, Judge James C. Cacheris, U.S. District Court - Eastern District

In a seminar provider’s breach of contract action against a web hosting service, the Alexandria U.S. District Court allows the web host to amend its counterclaim and denies seminar provider’s motion to dismiss as moot; web host can amend its counterclaim within the five days that remain under Rule 15 (a)(1). Husband and wife founded [...]

Teaming Agreement Contract Alleged

By Deborah Elkins
Published: August 2, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

The Alexandria U.S. District Court refuses to dismiss a subcontractor’s breach of contract claim based on a teaming agreement but dismisses without prejudice subcontractor’s fraud claim for insufficient pleading that prime contractor never intended to perform. From November 2008 through September 2011, subcontractor provided project management and cybersecurity solutions to two federal government agencies under [...]

Witnesses Not Excluded for Contact Info

By Deborah Elkins
Published: July 19, 2012
Tags: Civil Procedure, Judge James C. Cacheris, U.S. District Court - Eastern District

Although defendant provided incomplete contact information with regard to some of her witnesses she wants to call to defend against this libel suit arising from her accusations of animal abuse, the Alexandria U.S. District Court denies plaintiff’s motion in limine to exclude certain witnesses, including former employees of plaintiff. This case concerns allegedly libelous statements [...]

FLSA Settlement Upheld for 81-Percent Recovery

By Deborah Elkins
Published: July 12, 2012
Tags: Judge James C. Cacheris, Labor, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants the parties’ motion to approve settlement of plaintiffs’ suit for additional pay under the Fair Labor Standards Act. The proposed settlement requires defendants to pay plaintiffs $6,500 each to resolve all claims raised in this lawsuit. Plaintiffs raise essentially three different claims: that certain payroll practices employed by defendants [...]