No Claim for Dismissed Doctoral Student

Dismissal After Notice-and-Cure Failure

By Deborah Elkins
Published: November 28, 2012
Tags: Judge James R. Spencer, Real Estate, U.S. District Court - Eastern District

A homeowner’s contract action against the U.S. is not barred under the doctrine of res judicata by an earlier Consent Order in which plaintiff promised to stay current on his mortgage; the Richmond U.S. District Court denies the motion to dismiss the claim against the U.S., but dismisses the claims against the other two defendants, [...]

Fee Motion Too Late After ‘Judgment’

By Deborah Elkins
Published: November 20, 2012
Tags: Intellectual Property, Judge James R. Spencer, U.S. District Court - Eastern District

In this patent infringement action involving slow cookers, a Richmond U.S. District Court strikes the winning defendant’s motion for attorney’s fees under 35 U.S.C. § 285 as the defendant miscalculated the date to file the motion by calling the “final judgment” the date the court sent to the PTO the Patent Determination Report, not the [...]

DOT Procedure Not Exhaustion Requirement

By Deborah Elkins
Published: October 24, 2012
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

A commercial truck driver can sue for disability discrimination when he was terminated from his job after suffering a transient ischemic attack, after the driver’s treating physician employer’s physicians said the driver was qualified to return to work but one of employer’s physicians disagreed; a Richmond U.S. District will not dismiss for failure to exhaust [...]

Third-Party Complaint Does Not Prove Breach

By Deborah Elkins
Published: October 24, 2012
Tags: Contract, Judge James R. Spencer, U.S. District Court - Eastern District

Plaintiff mortgage company who had to repurchase a loan from Freddie Mac because the borrower misrepresented that the Massachusetts property would be his primary residence can sue defendant mortgage broker for breach of contract, but the Richmond U.S. District Court denies summary judgment to plaintiff; defendant broker’s third-party complaint against a title company, law firm [...]

Denial of Training Seminar States Claim

By Deborah Elkins
Published: October 15, 2012
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

An African-American female terminated from her position in the information technology services department at defendant Virginia Housing Development Authority has stated Title VII claims for race and sex discrimination, says a Richmond U.S. District Court. Liberally construing plaintiff’s pro se complaint, she alleges her supervisor denied her a professional development opportunity that was granted to [...]

Tax Prep Infringement Case Transferred

By Deborah Elkins
Published: October 15, 2012
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

A Richmond U.S. District Court has personal jurisdiction over defendant “Latino Tax Professionals Association” in plaintiff “Income Tax School’s” suit alleging copyright infringement in defendants’ use of plaintiff’s tax education materials, but the suit is transferred to the Northern District of California. The record indicates defendant Lopez Tax Service Inc. (LTS) was merely a passive, [...]

Club DJ Claims Hostile Environment

By Deborah Elkins
Published: October 15, 2012
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

An African-American male who alleges who was brought in to train as a club DJ for defendant employer, but he was subjected to racist name-calling and repeated references to upper management not wanting to hire black people, have a black DJ visible at certain times or play music by black musicians, has stated claims for [...]

German Debtor’s Patent Case Transferred

By Deborah Elkins
Published: September 10, 2012
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

Although this patent infringement action filed on behalf of debtor German corporation, which closed its Richmond semiconductor plant in 2009, could come to trial much faster in Richmond U.S. District Court, the court transfers the litigation to a federal court in California. On Jan. 10, 2012, plaintiff Dr. Michael Jaffe, as insolvency administrator for Qimonda [...]

No FMLA Extension for ‘Willfulness’

By Deborah Elkins
Published: September 10, 2012
Tags: Employment, Judge James R. Spencer, U.S. District Court - Eastern District

Defendant commercial bakery wins summary judgment in this suit filed by a former employee who challenged her termination as a violation of the Family Medical Leave Act; the Richmond U.S. District Court says plaintiff has not shown willfulness by employer and her claim therefore is time-barred because it was not filed within the two-year limitations [...]