Default Set Aside for Pro Se’s Letter

Meat ‘Mark’ Case Stays in Virginia

By Deborah Elkins
Published: May 24, 2012
Tags: Civil Procedure, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A Norfolk U.S. District Court will not transfer to a federal court in Puerto plaintiff packing company’s suit alleging defendant Puerto Rican companies infringed their trademark for plaintiff’s chicken franks. Plaintiff Smithfield Packing Company filed this action against two Puerto Rican companies – V. Suarez & Co., who purchased plaintiff’s chicken franks marketed under the [...]

Injunction Issued in VOD Patent Case

By Deborah Elkins
Published: May 15, 2012
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District

In the wake of a Norfolk federal jury’s $115 million award to a small technology company, as well as $17.4 million in supplemental damages and $6.6 million in post-judgment interest, the Norfolk U.S. District Court grants plaintiff company’s motion for a permanent injunction. Because plaintiff is such a small corporation with less than 150 employees, [...]

Return to Death Row Granted

By Deborah Elkins
Published: May 15, 2012
Tags: Criminal, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A Norfolk U.S. District Court grants correctional officials’ motion for a temporary stay of the court’s earlier order granting a writ of habeas corpus to a defendant convicted of murder-for-hire, on the ground that prosecutors violated defendant’s due process rights by withholding potential impeachment evidence and knowingly presenting false testimony from the key prosecution witness; [...]

Tug Owner Wins Limited Liability

By Deborah Elkins
Published: May 8, 2012
Tags: Admiralty, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies a tug boat owner’s claim for exoneration from liability, but grants the owner’s claim for limitation of liability under the Limitation of Liability Act, 46 U.S.C. § 30501 et seq., and awards the U.S. $2.52 million in damages and prejudgment interest; the court finds the tug owner is not [...]

‘Like’ on Facebook is not protected

By Deborah Elkins
Published: May 4, 2012
Tags: Constitutional, Federal Courts, Judge Raymond A. Jackson

A Facebook “like” for a boss’s political opponent is not protected speech under the First Amendment, a federal judge in Newport News said last month. One “click of a button” on a Facebook page does not warrant constitutional protection under existing case law, the judge said, in a lawsuit over public employees’ free speech and [...]

Foreclosure Suit Stays In Federal Court

By Deborah Elkins
Published: April 3, 2012
Tags: Judge Raymond A. Jackson, Real Estate, U.S. District Court - Eastern District

Although plaintiff, who wanted to halt foreclosure on her home, says she only asserts state law causes of action and her case should be remanded to state court, the Norfolk U.S. District Court says her colorable claim under the Fair Debt Collection Practices Act keeps her in federal court, but plaintiff’s suit is dismissed because [...]

Repeat GCA Violations Were ‘Willful’

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

A federal firearms licensee with a history of license violations cannot defeat revocation of his license with claims that his violations were not “willful” and were the fault of his employees, and the Norfolk U.S. District Court grants summary judgment to respondent ATF. Petitioner is appealing the ATF’s decision to revoke petitioner’s federal firearms license. [...]

Supplier Can’t Pull in Manufacturer

By Deborah Elkins
Published: February 16, 2012
Tags: Judge Raymond A. Jackson, Products Liability, U.S. District Court - Eastern District

In this products liability suit alleging injury from use of a defective shower chair, a Newport News U.S. District Court accepts a magistrate judge’s recommendation and dismisses for lack of personal jurisdiction defendant medical supply company’s third-party complaint filed against two Florida defendants for breach of warranty and equitable indemnity. The 4th Circuit has articulated [...]

Sanctions for defense lawyer, firm

By Peter Vieth
Published: December 22, 2011
Tags: Employment, Federal Courts, Judge Raymond A. Jackson, Sanctions

A Williamsburg lawyer and her firm have been hit with $6,500 in sanctions for telling a federal judge it was “undisputed” that a car saleswoman had not been sexually harassed, despite the woman’s deposition testimony to the contrary. The order by Norfolk U.S. District Judge Raymond A. Jackson resolves a purported conflict between lawyers for [...]