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 [...]
Joinder for Discovery, But Damages Separate
By Deborah Elkins
Published: November 19, 2012
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District
In this litigation removed from state court alleging damages and injury from “damp indoor space and mold exposures” at “rental military housing” in Norfolk, a Norfolk U.S. District Court will consolidate the two cases filed by different plaintiffs for purposes of pretrial motions, discovery and possible fault, but handle them separately for determining damages. The [...]
Voluntary Dismissal for Bad Crab-Salad Case
By Deborah Elkins
Published: October 23, 2012
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District
A woman who alleges she became ill when she consumed crab salad defendant store sold after its expiration date may voluntarily dismiss her suit under Rule 41(a)(2), but she has to pay defendant’s costs and agree to tailor her request for damages and to allow defendant to use discovery materials against her, says the Norfolk [...]
‘Flex-Cuffs’ Use Not Unreasonable
By Deborah Elkins
Published: October 15, 2012
Tags: Judge Robert G. Doumar, Search & Seizure, U.S. District Court - Eastern District
Using flex-cuffs to detain defendant during execution of a search warrant for illegal alcohol sales at a “nip joint” did not constitute an unreasonable use of force under the Fourth Amendment, and a Norfolk U.S. District Court denies defendant’s motion to suppress evidence obtained during the search. The reasonableness of the use of force is [...]
Court Applies Liquidated Damages Clause
By Deborah Elkins
Published: September 10, 2012
Tags: Contract, Judge Robert G. Doumar, U.S. District Court - Eastern District
In this contract dispute arising out of defendant’s alleged breach of a maritime contract for delivery of two gantry container cranes to plaintiff terminal in Portsmouth, the Norfolk U.S. District Court grants defendant’s motion to limit plaintiff terminal’s recoverable damages from late delivery of the crane, if any, to $780,000, the limit under the contract’s [...]
No tort claim for sharing ‘defamatory’ web links
By Deborah Elkins
Published: August 17, 2012
Tags: Defamation, Federal Courts, Judge Robert G. Doumar
An advertising company can’t sue a competitor for notifying potential customers about critical Internet postings, says a Norfolk federal court. Businesses know how online chatter can shape their reputations. With whole websites devoted to consumer complaints, wireless word-of-mouth can amplify any bad buzz about a product or service. Companies that have tried to fight back [...]
Post-Conviction Ineffective Assistance Claims Fail
By Deborah Elkins
Published: August 16, 2012
Tags: Criminal, Judge Robert G. Doumar, U.S. District Court - Eastern District
A Newport News U.S. District Court denies petitioner’s 28 U.S.C. § 2255 motion alleging ineffective assistance of counsel during his prosecution on drug charges and for identity theft. Petitioner seeks relief on four claims of ineffective assistance of counsel: 1) counsel failed to object to the court’s questioning of petitioner during trial or to appeal [...]
Ineffective Assistance Claim Baseless, Court Says
By Deborah Elkins
Published: August 8, 2012
Tags: Criminal, Judge Robert G. Doumar, U.S. District Court - Eastern District
A Newport News U.S. District Court rejects petitioner’s claim that his appointed counsel provided constitutionally ineffective assistance when he allegedly neglected to interview two potential witnesses, had a conflict of interest and failed to file a severance motion, and the court finds no basis for overturning petitioner’s drug and firearm convictions. Petitioner Otis Stitt represents [...]
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