Public Policy Claim for Sexual Harassment Advances 
By Deborah Elkins
Published: November 22, 2011
Tags: Employment Discrimination, Judge Raymond A. Jackson, U.S. District Court - Eastern District
A Newport New U.S. District Court says there is no legal support for an employer’s assertion that a female plaintiff’s consensual sexual relationship with another employee at the car dealership negated the theory that the attentions of the dealership’s general manager were unwelcome, and the court denies the employer’s motion for summary judgment in plaintiff’s [...]
Due Diligence Lacking in Discovery of Invoices
By Deborah Elkins
Published: November 22, 2011
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 and $17.4 million in supplemental damages and $6.6 million in post-judgment interest, the Norfolk U.S. District Court denies defendant’s motion to alter or amend the judgment on the basis of newly discovered evidence, in the form of invoices from [...]
Supplemental Damages Ordered in Patent Case
By Deborah Elkins
Published: October 28, 2011
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 that claimed Verizon Communications Inc. infringed on its patents for interactive television when Verizon developed its FiOS cable system, the Norfolk U.S. District Court awards plaintiff company supplemental damages of $17,422,575 and prejudgment interest of $6,687,511 as well as [...]
Beneficiaries May Sue for Excessive Gifts
By Deborah Elkins
Published: September 7, 2011
Tags: Judge Raymond A. Jackson, U.S. District Court - Eastern District, Wills & Trusts
Beneficiaries of a family trust and will may sue decedent’s stepdaughter, their aunt and the executrix of the estate and holder of a durable power of attorney granted by decedent, for breach of contract and breach of fiduciary duty, for gifts she made to herself during decedent’s lifetime; a Norfolk U.S. District Court says plaintiff [...]
Court Strikes Defenses in DNA ID Kit Case
By Deborah Elkins
Published: August 17, 2011
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District
In this suit alleging patent infringement of a DNA dog breed identification kit, a Norfolk U.S. District Court strikes defendant’s affirmative defenses of fraud and inequitable conduct. Defendant BioPet alleges the ‘863 patent is unenforceable based on fraud, inequitable conduct and/or violation of the duty of disclosure. BioPet claims inequitable conduct on the grounds that [...]
Court Looks at Test for Expedited Discovery
By Deborah Elkins
Published: August 16, 2011
Tags: Contract, Judge Raymond A. Jackson, U.S. District Court - Eastern District
A software developer for airborne military operations that is suing its former vice president for business development for allegedly forming a competing company in violation of his contract and Virginia’s trade secrets statute, is not entitled to expedited discovery; a Newport News U.S. District Court magistrate judge sticks to the Blackwelder test to evaluate the [...]
Norfolk jury awards $115M in interactive TV patent case
By Alan Cooper
Published: August 8, 2011
Tags: Federal Courts, Intellectual Property, Judge Raymond A. Jackson, Million-Dollar Verdicts
A small technology company won a $115 million verdict from a Norfolk federal jury last week, on its claim that Verizon Communications Inc. infringed on its patents for interactive television when Verizon developed its FiOS cable system. ActiveVideo Networks contended that its founder, Leo Hoarty, was a visionary when he started the business in Virginia [...]
Death Penalty Overturned in Murder-for-Hire Case
By Deborah Elkins
Published: August 4, 2011
Tags: Criminal, Judge Raymond A. Jackson, U.S. District Court - Eastern District
In a 2002 prosecution for murder-for-hire in Prince William County, the prosecutors violated defendant’s due process rights by withholding potential impeachment evidence and knowingly presenting false testimony from the key prosecution witness, and a Norfolk U.S. District Court grants defendant’s petition for a writ of habeas corpus and vacates his conviction and death sentence. Petitioner [...]
Fitness Warranty Claim for Shower Chair User
By Deborah Elkins
Published: July 28, 2011
Tags: Judge Raymond A. Jackson, Products Liability, U.S. District Court - Eastern District
A man who is disabled from multiple sclerosis and who alleges injuries from use of defendant’s folding shower chair has stated a claim for breach of an implied warranty of fitness for a particular purpose under Va. Code § 8.2-315, says a Newport News U.S. District Court. This products liability action arises out of plaintiff’s [...]
Intellectual Property – Copyright – Attorney’s Fees
By Deborah Elkins
Published: October 6, 2010
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District
A Norfolk U.S. District Court that dismissed plaintiff producer’s suit alleging copyright violation of the producer’s video series on caring for aging parents, gives the winning defendant NBC $56.10 in costs, but refuses to award attorney’s fees, as plaintiff’s suit for copyright infringement was grounded in law and facts. The independent producer’s video series on [...]
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