Lawyer Fined, But Discovery Response Approved

Judge orders a 20-year ban in trade secrets case

By Peter Vieth
Published: September 17, 2012
Tags: Federal Courts, Intellectual Property, Judge Albert Diaz, Judge Andre M. Davis, Judge Dennis W. Shedd, Judge Robert E. Payne

In a rapid volley of court actions, a Korean company fighting a $920 million judgment for theft of trade secrets was hit with a “devastating” 20-year ban on sales of its body armor product, and then promptly won a stay of that injunction from a federal appeals court. Senior U.S. District Judge Robert E. Payne, [...]

No Immunity for Arresting Deputy

By Deborah Elkins
Published: August 27, 2012
Tags: Civil Rights, Judge Robert E. Payne, U.S. District Court - Eastern District

A deputy sheriff who arrested a woman who appeared at a hospital for treatment of a dog bite, for allegedly withholding information about the dog’s location, does not have qualified immunity from the woman’s suit alleging malicious prosecution, says a Richmond U.S. District Court. Defendant deputy contends the facts developed at trial require reconsideration of [...]

No Discovery Privilege for Corporate Fund Manager

By Deborah Elkins
Published: August 27, 2012
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

A Richmond U.S. District Court denies reconsideration of its earlier decision overruling claims of privilege for certain communications between defendants and lawyers employed by the entity that serves as its collateral manager of investment funds; the court finds no authority to permit a finding that an investment firm that serves as manager of the collateral [...]

Jurisdiction Approved in Veil-Piercing Case

By Deborah Elkins
Published: August 22, 2012
Tags: Civil Procedure, Judge David J. Novak, Judge Robert E. Payne, U.S. District Court - Eastern District

A Richmond U.S. District Court accepts the magistrate judge’s recommendation and refuses to dismiss this contract action seeking to pierce the corporate veil of defendant affiliated companies, who allegedly purchased and shared plaintiff’s software licenses. Plaintiff Brainware Inc. sued defendant Scan-Optics Ltd. alleging breach of contract through failure to make payments in a series of [...]

‘Letter of Intent’ Not Valid Contract

By Deborah Elkins
Published: August 8, 2012
Tags: Contract, Judge Robert E. Payne, U.S. District Court - Eastern District

In dispute involving natural gas pipeline “capacity release” and whether the parties had an enforceable contract for defendant natural gas producer to sell excess capacity to plaintiff energy company, a Richmond U.S. District Court grants summary judgment to the seller. Plaintiff VPEM contends the parties had a valid contract based on a Letter of Intent, [...]

No Attorney-Client Protection for Docs

By Deborah Elkins
Published: July 19, 2012
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

After in camera review of approximately 100 documents, a Richmond U.S. District Court overrules defendants’ claim of attorney-client privilege on all documents; defendants have failed to show their relationship with another company’s lawyers to extend the privilege to those communications; just copying lawyers on business persons’ communications about fees billed doesn’t qualify for the privilege; [...]

Corporation ‘Resident’ in Norfolk, Not Richmond

By Deborah Elkins
Published: July 12, 2012
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

A Richmond U.S. District Court says a comparison of defendant corporation’s contacts with both the Richmond and Norfolk divisions shows this suit alleging breach of a noncompete contract should be transferred to the Norfolk division; and defendant’s assertion of a counterclaim was not a waiver of its objection to venue. Before 2011, plaintiffs, Polygroup Ltd. [...]

New Trial for Closing Argument Errors

By Deborah Elkins
Published: June 11, 2012
Tags: Judge Robert E. Payne, Products Liability, U.S. District Court - Eastern District

A Richmond U.S. District Court sets aside a $212 million award, reduced to $12.35 million, in this suit alleging a Fredericksburg-area man suffered severe nerve damage from BOTOX® used to treat a hand tremor condition; the court says the combination of the lawyer’s closing argument and his hand gestures, as revealed by courtroom security video, [...]

Richmond federal judge overturns Botox® verdict

By Peter Vieth
Published: June 7, 2012
Tags: Federal Courts, Judge Robert E. Payne, Million-Dollar Verdicts, Products Liability

Hand gestures by a plaintiff’s lawyer in closing argument led to a Richmond judge’s decision to overturn a verdict worth more than $12 million. U.S. District Judge Robert E. Payne said courtroom security video helped him decide that a trial that produced a $212-million verdict against a Botox® manufacturer was unfair. Payne vacated the 2011 [...]