Joinder for Discovery, But Damages Separate

Foreclosure Buy by Freddie Mac Upheld

By Deborah Elkins
Published: April 24, 2013
Tags: Judge Robert G. Doumar, Real Estate, U.S. District Court - Eastern District

Defendant Freddie Mac wins dismissal of this suit filed by plaintiffs who have lost their Virginia Beach home to foreclosure; the Norfolk U.S. District Court says the complaint fails to adequately plead that plaintiffs have superior title to Freddie Mac, purchaser of the property at the foreclosure sale. The property at issue here was foreclosed [...]

No Long-Term Disability for Former Exec

By Deborah Elkins
Published: April 18, 2013
Tags: Employment, Judge Robert G. Doumar, U.S. District Court - Eastern District

A former executive of a trader magazine publishing company loses his ERISA suit seeking long-term disability benefits for his conditions of anxiety, depression and ADD, as a review by four independent physicians does not support his claim; the Norfolk U.S. District Court also denies plaintiff’s claim for over $100,000 in civil penalties for the company’s [...]

No ‘Mutual Mistake’ to Protect Guarantors

By Deborah Elkins
Published: April 16, 2013
Tags: Creditor's Rights, Judge Robert G. Doumar, U.S. District Court - Eastern District

In plaintiff bank’s suit to collect from five guarantors on a note for a Chesapeake hotel’s $5.1 million loan secured by the hotel, the Norfolk U.S. District Court grants summary judgment to the bank as the guarantors have not shown any genuine issues of material fact as to their defenses of the statute of frauds [...]

Amending Complaint Doesn’t Prompt Remand

By Deborah Elkins
Published: April 10, 2013
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District

Although plaintiff amended his claim of wrongful discharge from his shop steward position after removal to federal court, removing references to collective bargaining agreements in a “transparent attempt” to avoid federal jurisdiction, the Norfolk U.S. District Court says the gravamen of the complaint remains the same and the court denies plaintiff’s motion to remand to [...]

No Notice of Supermarket’s Folded Mat

By Deborah Elkins
Published: April 1, 2013
Tags: Judge Robert G. Doumar, Negligence, U.S. District Court - Eastern District

A woman shopping for flowers at her local Food Lion who “slipped over” a black rubber mat in front of the store’s flower case cannot show the store had notice that the mat was in a “folded over” position on the floor, and the store wins summary judgment in this trip-and-fall case in the Newport [...]

Actual Notice Triggers Removal

By Deborah Elkins
Published: March 12, 2013
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District

The Newport News U.S. District Court remands to state court a slip-and-fall plaintiff’s negligence action against grocery store: grocery store had actual notice of both the defendant’s identity and the damages sought months before removing; removal was untimely and the case is remanded. In November 2011, pro se plaintiff sued “Food Lion Stores, Inc.” in [...]

No Coverage after Delayed Claim Notice

By Deborah Elkins
Published: January 29, 2013
Tags: Insurance, Judge Robert G. Doumar, U.S. District Court - Eastern District

A realty company that managed Virginia Beach vacation rentals lost its coverage under CGL and umbrella insurance policies because the company – mistakenly believing these policies would not apply – waited nearly three years to notify the carrier of an accident in which a child fell from a bunk bed in a rental property, the [...]

Comp Is Sole Remedy for Errant Golf Swing

By Deborah Elkins
Published: December 18, 2012
Tags: Judge Robert G. Doumar, Tort, U.S. District Court - Eastern District

A program assistant for an engineering firm that contracted with the U.S. Navy on a submarine modernization project cannot sue the U.S. for injuries she sustained when, on a golf outing and “team building” exercise with her manager and coworkers, her manager swung a golf club at full strength and struck the assistant in the [...]

No Venue Change from ‘Virtual’ Office

By Deborah Elkins
Published: November 19, 2012
Tags: Intellectual Property, Judge Robert G. Doumar, U.S. District Court - Eastern District

In this suit alleging three defendants have infringed plaintiff’s patents regarding voice over Internet protocol, the Norfolk U.S. District Court denies a motion to transfer venue even though plaintiff company’s office in Arlington appears to be a “virtual” office with no permanent employees. Plaintiff Innovative Communications Technologies Inc. is a Delaware corporation with its principal [...]