Borrower Received TILA Notice

No Federal Claim Against Court Clerk

By Deborah Elkins
Published: July 12, 2012
Tags: Civil Rights, Judge Mark Davis, U.S. District Court - Eastern District

A woman who alleges she spent 87 days in jail after dismissal of charges that she threatened to burn her mother’s house, has not stated a § 1983 claim against defendants, the Hampton Circuit Court Clerk and a deputy clerk, and the Newport News U.S. District Court awards defendants attorney’s fees under Rule 11 for [...]

Claim Construction Issued for Email Patent

By Deborah Elkins
Published: June 6, 2012
Tags: Intellectual Property, Judge Mark Davis, U.S. District Court - Eastern District

In this patent infringement suit involving two patents for monitoring email and website behavior of an email recipient, a Norfolk U.S. District Court issues its opinion detailing the multiple claim constructions in this case after conducting the Markman hearing and reviewing the parties’ supplemental briefs on two final disputed terms. Ihance Inc. v. Eloqua Ltd. [...]

Stay Lifted for Sanctions Motion

By Deborah Elkins
Published: May 8, 2012
Tags: Bankruptcy, Judge Mark Davis, U.S. District Court - Eastern District

A Norfolk U.S. District Court says it can’t lift an automatic stay imposed under defendant debtor’s bankruptcy proceeding in federal court in Puerto Rico, but the Virginia court can recognize a partial lifting of the automatic stay to clear the way to rule on plaintiff’s motion for sanctions. Defendant Atlas filed for chapter 7 bankruptcy [...]

No Duty to Camp Peary Resident

By Deborah Elkins
Published: April 11, 2012
Tags: Judge Mark Davis, Tort, U.S. District Court - Eastern District

A plaintiff injured in a motor vehicle accident on the grounds of Camp Peary when the vehicle in which he was riding collided with a vehicle being driven by an employee of a painting crew, who plaintiff claims should not have been allowed on grounds because of his extensive criminal record and outstanding warrant, cannot [...]

Carrier Must Defend Drywall Case

By Deborah Elkins
Published: April 11, 2012
Tags: Insurance, Judge Mark Davis, U.S. District Court - Eastern District

In an insurance carrier’s declaratory judgment action alleging it has no obligation to defend or indemnify defendant builder, Parallel Design and Development LLC, in a state court law suit filed by a homeowner complaining about the noxious effects of Chinese drywall used in his home, the Newport News U.S. District Court concludes the carrier does [...]

Carrier’s Dec Action Not Stayed

By Deborah Elkins
Published: April 6, 2012
Tags: Insurance, Judge Mark Davis, U.S. District Court - Eastern District

In an insurance company’s action for a declaratory judgment that it has no duty to defend or indemnify a builder against claims related to the use of Chinese drywall, the Norfolk U.S. District Court declines to stay this dec action pending resolution of a state court suit [VLW 011-8-084] filed by homeowners against the builder. [...]

Forum Selection Clause Applies in Patent Case

By Deborah Elkins
Published: March 28, 2012
Tags: Intellectual Property, Judge Mark Davis, U.S. District Court - Eastern District

In this complaint alleging patent infringement, the Norfolk U.S. District Court has personal jurisdiction over defendants under a forum selection clause in the parties’ earlier Agreement, and the complaint complies with Fed. R. Civ. P. Form 18 and the district court denies defendants’ motion to dismiss the complaint as insufficient under Twombly and Iqbal. Plaintiffs [...]

‘False Confessions’ Expert Proffer Too Late

By Deborah Elkins
Published: March 13, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Mark Davis

A defendant convicted of aggravated sexual abuse of a child for twice forcing his stepdaughter, under age 9, to perform oral sex on him during a time defendant was stationed in Japan with the Air Force, has his convictions affirmed by the 4th Circuit despite his challenge to venue and claim that his statements to [...]

Pleading Standard Reviewed for Patent Cases

By Deborah Elkins
Published: February 24, 2012
Tags: Intellectual Property, Judge Mark Davis, U.S. District Court - Eastern District

As the 4th Circuit has not applied the Twombly-Iqbal standard in a case alleging patent infringement, a Norfolk U.S. District Court applies a relevant decision of the Federal Circuit in reviewing defendants’ motion to dismiss. Plaintiff alleges defendants’ products, services, systems and/or methods infringe five patents that plaintiff owns relating to software that monitors, collects, [...]