Disabled Plaintiff Sues Over Retail Access

No Conditional Release for Drug Defendant

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Raymond A. Jackson, U.S. District Court - Eastern District

Although a 19-year-old defendant charged with dealing “spice” had a clean criminal record, the Newport News U.S. District Court denies release on conditions, as it considers him a flight risk and a danger to the community, based on his mother and sisters living in Egypt, large sums of cash found in his home and car [...]

No Claim After School Bus Fight

By Deborah Elkins
Published: March 15, 2013
Tags: Civil Rights, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A student, who alleges injuries from a public school bus driver’s refusal to allow him to leave the bus and the school to seek medical attention after he was assaulted by another student on the school bus, cannot sue defendant school officials under 42 U.S.C. § 1983, as the Norfolk U.S. District Court says defendant [...]

Dismissal for Nondiverse Defendant

By Deborah Elkins
Published: March 12, 2013
Tags: Civil Procedure, Judge Raymond A. Jackson, U.S. District Court - Eastern District

The Newport News U.S. District Court dismisses Virginia resident’s action asserting contract and tort claims for lack of subject matter jurisdiction after his counsel admits mistakenly filing in Virginia; the court also declines to dismiss the nondiverse Virginia defendant or transfer the case to New Jersey which would require dismissing another defendant to create diversity [...]

Carrier Can’t Defeat Go-Kart Coverage

By Deborah Elkins
Published: February 27, 2013
Tags: Insurance, Judge Raymond A. Jackson, U.S. District Court - Eastern District

Applying Illinois law, a Newport News U.S. District Court refuses an insurance carrier’s request to reform an insurance contract to include an exception for covering go-karts used during a charity racing event in which plaintiff was injured; the court denies the carrier’s request for a declaratory judgment that it is not obligated to defend or [...]

Defense Struck for Discovery Noncompliance

By Deborah Elkins
Published: February 26, 2013
Tags: Bankruptcy, Judge Raymond A. Jackson, U.S. District Court - Eastern District

Although debtor’s wife claims an interest in real estate made a part of the bankruptcy estate by the bankruptcy trustee, she failed to comply with scheduling or discovery orders of the bankruptcy court, and the Newport News U.S. District Court accepts the bankruptcy court’s report and strikes the wife’s affirmative defense. The adversary proceeding at [...]

No Interlocutory Appeal for Overtime-Pay Class

By Deborah Elkins
Published: January 29, 2013
Tags: Judge Raymond A. Jackson, Labor, U.S. District Court - Eastern District

In this suit by plaintiff discount store employees for overtime pay under the Fair Labor Standards Act, a Norfolk U.S. District Court denies defendants’ motion to certify for interlocutory appeal the court’s earlier conditional certification of a class of plaintiffs. While the 4th Circuit has not ruled directly on whether interlocutory appeals of FLSA conditional [...]

Arrest Threats Did Not Support Vet’s Claim

By Deborah Elkins
Published: January 7, 2013
Tags: Civil Rights, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A disabled veteran who suffers from post-traumatic stress disorder loses his lawsuit against police officers who allegedly threatened to arrest him as he challenged a campground owner’s refusal to allow him to have his Shar Pei dog as a service dog at the campground swimming pool, in violation of the campground rules; plaintiff cannot assert [...]

Still No Private HAMP Claim

By Deborah Elkins
Published: December 19, 2012
Tags: Judge Raymond A. Jackson, Real Estate, U.S. District Court - Eastern District

The Newport News U.S. district court says borrower cannot state a claim for relief against servicing lender for exercising its right to foreclose rather than grant another loan modification; 4th Circuit precedent establishes that the federal Home Affordable Modification Plan (HAMP) does not create a private right of action. After securing financing to purchase land [...]

Laches Limits Damages for Patent Plaintiff

By Deborah Elkins
Published: November 28, 2012
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A plaintiff who waited over six years to file suit after having constructive knowledge of defendant’s infringement activities has not rebutted a presumption of unreasonable delay and the Norfolk U.S. District Court limits plaintiff’s damage award by excluding pre-filing damages. The Patent Act does not provide a statute of limitations for infringement claims. However, the [...]