Unfair Trade Practice Claim Proceeds

Allision Liability in Dispute

By Deborah Elkins
Published: August 2, 2012
Tags: Admiralty, Judge Robert G. Doumar, U.S. District Court - Eastern District

In Virginia’s action for damages to a bridge sign and cables, a tugboat company whose employee fell asleep is not entitled to summary judgment based on Virginia’s alleged lack of a permit, the Norfolk U.S. District Court says; tugboat shows neither proximate causation nor comparative fault. At 5:25 a.m. one November morning, tug boat’s employee [...]

‘Reactive’ Suit Dismissed by Court

By Deborah Elkins
Published: June 20, 2012
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District

A Barbadian company that sells dolomite mined in Spain and warehoused in Norfolk to a Georgia-based glass manufacturer, who filed suit in federal court shortly after defendant had filed suit in Tennessee state court, has its contract action dismissed by the Norfolk U.S. District Court as a “reactive and vexatious” suit eligible for dismissal under [...]

Treble Damages Awarded in Default Judgment

By Deborah Elkins
Published: June 11, 2012
Tags: Employment, Judge Robert G. Doumar, U.S. District Court - Eastern District

A Newport News U.S. District Court enters default judgment for a Colorado optical data storage company suing its former worldwide sales director for violation of a noncompete agreement and misappropriation of trade secrets and confidential information; the court award $198,756 in compensatory damages and $53,487 in attorney’s fees and costs, and will issue a temporary [...]

Newscast on Tax Preparers Not Defamatory

By Deborah Elkins
Published: April 6, 2012
Tags: Judge Robert G. Doumar, Tort, U.S. District Court - Eastern District

In evaluating plaintiff professional tax preparer’s claim that he was defamed by a local news broadcast about “unscrupulous” tax preparers, the Norfolk U.S. District Court will not consider video clips defendant TV station filed with its motion to dismiss, and the court dismisses the complaint because defendant’s treatment of the story could not be interpreted [...]

Copyright Suit Against Builder Dismissed

By Deborah Elkins
Published: April 3, 2012
Tags: Intellectual Property, Judge Robert G. Doumar, U.S. District Court - Eastern District

A Norfolk U.S. District Court dismisses a Florida architectural firm’s suit against a Virginia Beach customer home builder for copyright infringement, which fails to detail how defendants might have gained access to plaintiff’s copyrighted works or copied them; despite plaintiff’s assertion that defendants can “figure out why they are being sued,” a defendant in a [...]

Government Wants Med Pay Reimbursement

By Deborah Elkins
Published: February 24, 2012
Tags: Judge Robert G. Doumar, U.S. District Court - Eastern District, Workers’ Comp

The federal government may seek reimbursement under 10 U.S.C. § 1095 from defendant insurance company as third-party payer for medical expenses for a retired Air Force service member injured on his civilian janitorial job while he was cleaning a commissary meat department; a Newport News U.S. District Court rejects the carrier’s argument that the court [...]

No Stacking of UIM Coverage

By Deborah Elkins
Published: February 16, 2012
Tags: Insurance, Judge Robert G. Doumar, U.S. District Court - Eastern District

In this case in which an insured seeks to “stack” UIM auto liability coverage, a Norfolk U.S. District Court finds no ambiguity in decedent’s UIM policy that will allow the court to “stack” coverage on three vehicles insured under the policy, and grants summary judgment for defendant carrier. The Supreme Court of Virginia declined to [...]

Small Business Owner Gets Attorneys’ Fees

By Deborah Elkins
Published: February 16, 2012
Tags: Intellectual Property, Judge Robert G. Doumar, U.S. District Court - Eastern District

After granting summary judgment for defendants for in an action alleging violations of the Digital Millennium Copyright Act (DMCA) and federal Copyright Act, the Newport News U.S. District Court awards attorney’s fees only as to the DMCA claims asserted against a small business owner: the DMCA claims against this uninsured small business lack a factual [...]

Bank Fraud Evidence Admissible

By Deborah Elkins
Published: February 13, 2012
Tags: Evidence, Judge Robert G. Doumar, U.S. District Court - Eastern District

In a grain dealer’s unfair trade practice action against bank, the Norfolk U.S. District Court allows evidence of grain dealer’s bank fraud conviction and bankruptcy over 20 years ago to impeach grain dealer and on the issue of causation of dealer’s inability to obtain alternate financing for its 2008 margin call, but reserves decision on [...]