Litigators bypass court in employment case

Advocacy Group’s Election Law Claim Rejected

By Deborah Elkins
Published: June 11, 2012
Tags: Civil Rights, Judge James R. Spencer, U.S. District Court - Eastern District

In this case remanded by the U.S. Supreme Court and the 4th Circuit, a Richmond U.S. District court says the U.S. Supreme Court decision in Citizens United v. FEC has not changed the posture of a pro-life advocacy group’s challenges to its potential classification as a “political committee” under federal election laws, and the court [...]

Performance Makes Contract Enforceable

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

A mortgage company may sue defendant bank on a claim that it had to buy back residential mortgage loans that it sold to a third-party investor because defendant bank, who sold plaintiff the loans, failed to follow underwriting guidelines in plaintiff’s Manual; the Richmond U.S. District Court says it’s clear the parties’ post-formation performance renders [...]

Patent Suit Mooted by Bankruptcy

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

Although plaintiff German corporation had standing when it first sued defendant corporation for patent infringement, plaintiff’s suit became moot after plaintiff pursued bankruptcy in Germany and the appointed insolvency administrator obtained the legal right to sue for patent infringement; the Richmond U.S. District Court dismisses plaintiff’s suit. Defendant LSI does not dispute that debtor Qimonda [...]

Court Enforces Malpractice Settlement

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

In this litigation arising from the sale and purchase of two companies, including a legal malpractice action against a lawyer who represented plaintiffs, a Richmond U.S. District Court will not enforce a purported settlement agreement between the business litigants, as defendants added a “subject to full execution and release” clause after a settlement conference with [...]

Court Enforces Malpractice Settlement

By Deborah Elkins
Published: May 14, 2012
Tags: Contract, Judge James R. Spencer, U.S. District Court - Eastern District

In this litigation arising from the sale and purchase of two companies, including a legal malpractice action against a lawyer who represented plaintiffs, a Richmond U.S. District Court will not enforce a purported settlement agreement between the business litigants, as defendants added a “subject to full execution and release” clause after a settlement conference with [...]

Employee Fired for Violating Policy

By Deborah Elkins
Published: April 17, 2012
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

An African-American pump truck operator for a ready-mixed concrete company cannot recover for discriminatory discharge under Title VII because he cannot rebut the employer’s evidence that he was terminated when he violated the employer’s conflict-of-interest policy by refusing to give up his job driving for another company, after his hours were cut with defendant; the [...]

Filing Va. Lawsuit Leads to Personal Jurisdiction

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

In plaintiff George Mason University Foundation’s suit to enforce a $100,000 judgment it won in Virginia state court during litigation with decedent’s two children, the Richmond U.S. District Court has personal jurisdiction over both the Alabama resident son and the Maryland resident daughter, as their own Virginia state court action was not nonsuited, as they [...]

Store Has No Liability for Wine Spill

By Deborah Elkins
Published: April 11, 2012
Tags: Judge James R. Spencer, Negligence, U.S. District Court - Eastern District

A Kroger customer who slipped and fell after a wine distributor’s employee attempted to mop up a spill from a broken bottle loses her premises liability suit, as the Richmond U.S. District Court grants judgment as a matter of law during a jury trial on the claim. The court finds Adams failed to provide sufficient [...]

No Benefits After Nondisclosure of Medical Tests

By Deborah Elkins
Published: April 3, 2012
Tags: Insurance, Judge James R. Spencer, U.S. District Court - Eastern District

A decedent’s failure to disclose on a life insurance application his abnormal liver function tests, abnormal abdominal ultrasound and a doctor’s recommendation for a GI workup and his symptoms of sleep apnea, made material misrepresentations on his application, and his beneficiary is only entitled to a refund of the policy premium, says a Richmond U.S. [...]