Judge Friedman to take senior status in November

Three separate actions filed after shipyard explosion

By Virginia Lawyers Weekly
Published: February 6, 2012
Tags: Federal Courts, Judge Jerome B. Friedman, Million-Dollar Settlements, Norfolk Circuit Court, Personal Injury

In these companion cases, the three plaintiffs, all shipyard workers, were injured when an explosion ripped through a crew head and adjacent berthing area on the U.S.S. Leyte Gulf, while the ship was dry-docked at BAE Systems on Sept. 15, 2007. The defendant, Capitol Finishes Inc. (CFI), had been subcontracted to install a new deck [...]

Produce Company’s Claim Proof Fails

By Deborah Elkins
Published: September 12, 2011
Tags: Creditor’s Rights, Judge Jerome B. Friedman, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies Poppell’s Produce’s proof of claim purporting to document unpaid receivables arising from produce sales to defendant Let-Us Produce Inc., because Poppell’s failed to meet the express requirements of the Perishable Agricultural Commodities Act and regulations necessary to preserve its PACA trust rights. It is undisputed that Poppell’s did not [...]

Produce Vendors Want Trust Payments

By Deborah Elkins
Published: April 15, 2011
Tags: Creditor's Rights, Judge Jerome B. Friedman, U.S. District Court - Eastern District

In this suit by fresh produce vendors to collect on their accounts receivable with distributor Let-Us Produce, a Norfolk U.S. District Court denies requests for immediate distribution and construes the controlling federal statute that sets up a trust fund from the distributor’s operating account, and orders the vendors to submit updated claims. It is undisputed [...]

Consumer Protection – TILA – Finance Charge Disclosure

By Deborah Elkins
Published: September 29, 2010
Tags: Consumer Protection, Judge Jerome B. Friedman, U.S. District Court - Eastern District

A plaintiff who alleges defendant’s loan disclosure statement violated the TILA because it materially understated the loan’s finance charge and annual percentage rate has the TILA claim dismissed by a Norfolk U.S. District Court, which says the plain language of defendant’s agreement to buy Washington Mutual’s assets from the FDIC preclude plaintiff’s claim. The complaint [...]

Negligence – Workers’ Comp Bar – Maritime Claim – Sub Employee

By Deborah Elkins
Published: March 23, 2010
Tags: Judge Jerome B. Friedman, Negligence, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies summary judgment to defendant Capitol Finishes Inc., a subcontractor of general contractor BAE Systems on a project to repair the USS Leyte Gulf, who was sued for a work-related injury by an employee of another sub, Tecnico; but the court says the operation of Virginia workers’ comp law on [...]

Civil Procedure – Injunction – University Accreditation

By Deborah Elkins
Published: March 17, 2010
Tags: Civil Procedure, Judge Jerome B. Friedman, U.S. District Court - Eastern District

In this suit arising from defendant Accreditation Council for Pharmacy Education’s decision to place plaintiff Hampton University’s School of Pharmacy on probation as to its accreditation, a Newport News U.S. District Court denies Hampton’s request for preliminary injunctive relief; although the balance of harms tips in Hampton’s favor and it has some possibility of success [...]

Criminal – Crack Cocaine Possession – Traffic Stop

By Deborah Elkins
Published: March 15, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Jerome B. Friedman

An officer did not violate defendant’s Fourth Amendment rights when, after smelling and possibly observing marijuana when he stopped a Mercury sedan with multiple windshield cracks, the officer asked defendant passenger to step out of the car and found drugs defendant discarded when he took off running; the 4th Circuit upholds defendant’s conviction for possession [...]