No Private HAMP Claim for Borrower

Bank Not Liable for Church Check

By Deborah Elkins
Published: February 16, 2012
Tags: Banks & Banking, Judge Mark Davis, U.S. District Court - Eastern District

A Norfolk church, Garden of Prayer, was a holder in due course of a $400,000 cashier’s check that was not honored by defendant Wells Fargo bank, but Wells Fargo is not liable to Garden of Prayer as it complied with Va. Code § 8.3A-312(c) and could permissibly dishonor the check, as the “lost” check was [...]

BRB Benefits Award Affirmed

By Deborah Elkins
Published: January 26, 2012
Tags: Judge Mark Davis, U.S. District Court - Eastern District, Workers’ Comp

In this appeal of an award from the Benefits Review Board for claimant’s work-related injury, the Norfolk U.S. District Court affirms the Benefits Review Board’s decision on respondent’s average weekly wage and its decision regarding the disqualification of an interpreter position as suitable alternative employment, but vacates the BRB’s calculation of respondent’s post-injury wage earning [...]

Markman Hearing for Medical Device Claim

By Deborah Elkins
Published: January 26, 2012
Tags: Intellectual Property, Judge Mark Davis, U.S. District Court - Eastern District

In this patent infringement suit involving eight disputed claims for plaintiff’s ‘870 patent titled “Intramural Stent Graft,” a Norfolk U.S. District Court has concluded its Markman hearing and construes the following terms and phrases: stent, wall, multiplicity of openings, covering, affixing, seam extending from the exterior surface through to the luminal surface of the tubular [...]

Excessive Force Claim for Tight Handcuffs

By Deborah Elkins
Published: November 22, 2011
Tags: Civil Rights, Judge Mark Davis, U.S. District Court - Eastern District

A 67-year-old woman who was handcuffed and arrested during a domestic dispute after her cat knocked over her husband’s mixed drink can sue a Newport News police officer under 42 U.S.C. § 1983 for alleged excessive force based on keeping her in tight handcuffs in a holding cell despite her complaints about the pain; but [...]

Detainee Has Due Process Claim Against Court Clerk

By Deborah Elkins
Published: November 2, 2011
Tags: Civil Rights, Judge Mark Davis, U.S. District Court - Eastern District

A woman who alleges she was unlawfully imprisoned for 87 days in late 2009 after a decision was made not to prosecute her for threatening to burn her mother’s house cannot sue her former public defender, but a Newport News U.S. District Court says she may sue the clerk of court and a deputy clerk [...]

Foreclosure Suit Remanded to State Court

By Deborah Elkins
Published: October 28, 2011
Tags: Civil Procedure, Judge Mark Davis, U.S. District Court - Eastern District

A Norfolk U.S. District Court sua sponte remands to state court this suit filed by a homeowner against Wells Fargo Bank and Samuel I. White PC as trustee, which refers to the Home Affordable Modification Program, a federal program created by the Emergency Economic Stabilization Act; although plaintiff’s complaint makes references to HAMP, it only [...]

City Not Liable on Ship Repair Contract

By Deborah Elkins
Published: September 12, 2011
Tags: Contract, Judge Mark Davis, U.S. District Court - Eastern District

In this action by plaintiff shipyard against the city of Key West, Florida, seeking payment of over $1 million for repair work performed on the U.S.A.F. Hoyt S. Vandenberg, the Norfolk U.S. District Court grants summary judgment to the city; although the city benefitted from plaintiff shipyard’s repair work on the ship, which eventually became [...]

Produce Company’s Claim Proof Reconsidered

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

A Norfolk U.S. District Court reconsiders Poppell’s Produce’s proof of claim purporting to document unpaid receivables arising from produce sales to defendant Let-Us Produce Inc., and finds that Poppell’s has advanced a valid claim under the Perishable Agricultural Commodities Act. The court acknowledges it made a factual error by previously stating the written “agreement” submitted [...]

Subrogee Has Tort and Contract Claims

By Deborah Elkins
Published: September 12, 2011
Tags: Insurance, Judge Mark Davis, U.S. District Court - Eastern District

An insured company that left its Mack truck for repairs, and saw the truck damaged by fire at the repair shop, has claims against the repair shop for both breach of contract and negligence as a bailee, says a Norfolk U.S. District Court. Plaintiff is a Pennsylvania insurance company that provided insurance to Tidewater Fibre [...]