No ‘Discovery Rule’ for Fiduciary Claim

$21M Awarded to Somali Torture Victims

By Deborah Elkins
Published: October 15, 2012
Tags: Judge Leonie Brinkema, Tort, U.S. District Court - Eastern District

After a bench trial on damages following defendant’s decision to accept a default judgment as to liability under the Alien Tort Statute and the Alien Torture Victim Protection Act, an Alexandria U.S. District Court awards $21 million to plaintiffs, natives of Somalia suing for damages arising from defendant’s responsibility for torturing individuals. Plaintiffs allege defendant [...]

Court Must Reconsider ‘Substantive’ Consolidation

By Deborah Elkins
Published: September 17, 2012
Tags: Bankruptcy, Judge Leonie Brinkema, U.S. District Court - Eastern District

In rejecting substantive consolidation of bankruptcy cases filed by two affiliated entities, a parent company that owned an Alexandria condominium property and the manager of the property, the bankruptcy court erred in its analysis of related state court proceedings and failed to consider whether consolidation would better serve equitable treatment of all creditors, and the [...]

Insurance carrier loses declaratory judgment action on UIM – Verdict for Defendants

By Virginia Lawyers Weekly
Published: September 17, 2012
Tags: Federal Courts, Insurance, Judge Leonie Brinkema

In a case of first impression, U.S. District Judge Leonie Brinkema provides Virginia counsel with a blueprint on how to calculate UIM coverage when there are multiple claimants involved. Dale Ray Parrott and his wife, Shirley Ann Parrott, were killed as the result of a motor vehicle collision caused solely by the negligence of Mildred [...]

Plaintiff Loses Bias Claim, Pays Defense Fees

By Deborah Elkins
Published: August 16, 2012
Tags: Employment Discrimination, Judge Leonie Brinkema, U.S. District Court - Eastern District

An African-America female employee of defendant Navy Federal Credit Union, who responded to an employee counseling session with an abrupt departure and outburst of profanity directed at management and coworkers, and who turned in her badge, was not justified in pursuing her Title VII suit alleging discrimination and retaliation, and the Alexandria U.S. District Court [...]

Debtor’s Plan Can’t Favor Student Loans

By Deborah Elkins
Published: August 8, 2012
Tags: Bankruptcy, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court approves the test used by the bankruptcy court to consider debtor’s Chapter 13 plan, but reverses its decision to confirm the plan because it unfairly discriminates against unsecured creditors by proposing to pay her student loans outside the plan. Section 1322(b)(5) permits a plan to provide for the curing of [...]

Navy Order Binds Contractor

By Deborah Elkins
Published: August 2, 2012
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District

The Alexandria U.S. District Court dismisses a contract truck driver’s challenge to a cease and desist letter issued by a Navy commanding officer to refrain from activities the Navy considers proselytizing in violation of agreements with Greek host authorities. Truck driver has lived in Greece since 2003 and worked under contract for the U.S. Navy [...]

No Personal Jurisdiction Over Foreign Banks

By Deborah Elkins
Published: July 5, 2012
Tags: Civil Procedure, Judge Leonie Brinkema, U.S. District Court - Eastern District

A Virginia federal court does not have personal jurisdiction over defendant banks based outside the U.S., in plaintiff spam-tracking network’s suit seeking class-action relief against defendants who provide credit-card processing services for individual defendants who allegedly operate illegal online pharmacies from Russia; the Alexandria U.S. District Court says the relationship between defendant banks, which merely [...]

Consultant Wins Contract Fee

By Deborah Elkins
Published: June 11, 2012
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants summary judgment to plaintiff consulting company hired to assist defendant Alaskan company in obtaining more government contracts, on the consultant’s contract claim for a fee of one percent of gross revenues from defendant’s contract with Raytheon Polar Services Corporation, whose worksites in Antarctica defendant already was helping to manage; [...]

No Infringement of Pet ‘Responder’ Mark

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

A California nonprofit service group that uses the name “RedRoverResponders” for its program using volunteers to care for animals displaced by natural disasters does not infringe plaintiff LLC’s registered service mark, “Wag’N Rover Respond’R.” for the LLC’s “Mobile Emergency Information Kit,” and the Alexandria U.S. District Court grants summary judgment to defendant. The record clearly [...]