Excessive Force Case Headed to Trial

Contempt Complaint for Former Franchisees

By Deborah Elkins
Published: October 3, 2012
Tags: Civil Procedure, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

Defendants who were ordered to return to their former tax preparation franchisor customer lists and information, customer tax returns, files, records and a operations manual for the franchise are in contempt of a the Norfolk U.S. District Court’s prior decision, but the court says the evidence does not show defendants breached a noncompete by continuing [...]

Plaintiff Has Bowman Claim for Wages Complaint

By Deborah Elkins
Published: September 21, 2012
Tags: Employment, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A plaintiff who says he was hired to develop business for defendant company can sue his former employer for allegedly breaching an oral contract to pay a certain salary, bonuses and commissions and overtime pay; the Norfolk U.S. District Court also says plaintiff states a Bowman claim for protesting unpaid wages. There is no support [...]

Stay Lifted in Voting Records Case

By Deborah Elkins
Published: September 10, 2012
Tags: Civil Rights, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A Norfolk U.S. District Court lifts a stay in order to implement its earlier decision that Virginia election officials violated the National Voter Registration Act by refusing to disclose completed voter registration applications with voters’ Social Security numbers redacted. Contrary to defendants’ argument, Congress has made its intent clear with regard to disclosure of an [...]

Court’s Fee Award Less than ‘Laffey Matrix’

By Deborah Elkins
Published: September 10, 2012
Tags: Civil Rights, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

Lawyers based in Washington D.C. who won plaintiff Project Vote’s suit seeking expanded access to voter registration records, are not entitled to attorney’s fees based on their projected hourly rates ranging from $374 for associates up to $734 for partners, and the Norfolk U.S. District Court instead orders hourly fees ranging from $225 for associates [...]

Collection Agency Owes Fees After FDCPA Default

By Deborah Elkins
Published: August 31, 2012
Tags: Consumer Protection, Judge F. Bradford Stillman, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A debtor wins $9,385.50 in damages and attorney’s fees in a default judgment against a Georgia debt collection agency in her suit alleging the agency violated the Fair Debt Collection Practices Act when it threatened legal action it could not take and called her supervisor to suggest debtor was about to be arrested; a Newport [...]

Sentence Violates Double Jeopardy Clause

By Deborah Elkins
Published: August 27, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A defendant who was one of four people involved in an armed robbery of a Hardee’s restaurant that led to the wounding of one employee and death of another employee, and who was convicted of both discharge of a firearm during a crime of violence (count 4) and murder with a firearm in relation to [...]

Claim for Arresting Wrong Man Dismissed

By Deborah Elkins
Published: August 22, 2012
Tags: Civil Rights, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A plaintiff whose name was mistakenly pulled from the police department’s computer system to identify a similarly-named man accused of assaulting his daughter, cannot sue the officer who made the arrest, based on the inaccurate information; a Norfolk U.S. District Court dismisses plaintiffs’ claims under § 42 U.S.C. § 1983 and claims for common law [...]

Claim for Arresting Wrong Man Survives

By Deborah Elkins
Published: August 22, 2012
Tags: Civil Rights, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A plaintiff whose name was mistakenly pulled from the police department’s computer system to identify a similarly-named man accused of assaulting his daughter, may sue an officer in his individual capacity who provided the wrong name to the arresting officer, but the Norfolk U.S. District Court dismisses plaintiff’s remaining civil rights claims and claims for [...]

Interpleader Action Dismissed for No Jurisdiction

By Deborah Elkins
Published: August 16, 2012
Tags: Insurance, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

As decedent’s former wife has died and has been dismissed from this interpleader action filed by plaintiff life insurance carrier, there is no longer a party adverse to the other claimants, two sisters who are decedent’s daughters, and the Newport News U.S. District Court dismisses the interpleader action for lack of jurisdiction. When a party [...]