No Servicemembers Act Claim for Truck Contract

Spoliation Instruction for Missing Video

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

In a slip-and-fall negligence action against a grocery store, the Norfolk U.S. District Court held that the 85-year old victim should have the benefit of a jury instruction that the video the store erased would have been adverse. Plaintiff slipped and fell while shopping at defendant grocery store in June 2010. That same month, victim’s [...]

Patentee Bound by Application Claims

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

In a patent infringement action seeking injunctive relief, the Norfolk U.S. District Court held that the patentee’s claims in seeking the patent control the definition of “collector card” as one having intrinsic value when dispensed. In 2001, patentee obtained a patent for a collector card dispensing system with a promotional free game. In distinguishing his [...]

Res Judicata Bars Suit for USS Cole Survivors

By Deborah Elkins
Published: December 13, 2011
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District

In this lawsuit arising from the 2000 terrorist bombing of the American navy vessel U.S.S. Cole, the Norfolk U.S. District Court says the doctrine of res judicata bars this suit as to 59 plaintiffs who earlier sued the Republic of Sudan and collected nearly $8 million in damages, and the court denies the motion for [...]

Coworker Conflict Not ‘Hostile Environment’

By Deborah Elkins
Published: November 30, 2011
Tags: Employment Discrimination, Judge Robert G. Doumar, U.S. District Court - Eastern District

An African-American female administrative employee of the Portsmouth City Assessor’s office has not stated a claim for hostile environment under Title VII with allegations that her two African-American female coworkers referred to her skin color as “yellow” and “red” and called her a “wannabe white girl,” and the Norfolk U.S. District Court dismisses plaintiff’s discrimination [...]

Supermarket Carpet Trip & Fall Advances

By Deborah Elkins
Published: November 28, 2011
Tags: Judge Robert G. Doumar, Negligence, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies summary judgment to defendant supermarket on plaintiff shopper’s claim for injuries alleging defendant Kroger store negligently failed to secure a carpet at the store entrance, allowing the carpet to “cock up, wrinkle, fold, bunch up or otherwise accumulate” and creating a “hazardous condition.” Plaintiff presents deposition testimony of a [...]

No Punitives for Inner Tube Accident

By Deborah Elkins
Published: November 28, 2011
Tags: Judge Robert G. Doumar, Negligence, U.S. District Court - Eastern District

A Norfolk U.S. District Court dismisses claims for punitive damages filed by a plaintiff who was severely injured when a motorboat operated by the second defendant, Cox, crossed the towline of the inner tube plaintiff was riding on in Currituck Sound, pulled by a boat operated by the first defendant, Norman. Plaintiff alleges defendant Cox [...]

Portsmouth discrimination claim fails – Defense Verdict

By Virginia Lawyers Weekly
Published: November 28, 2011
Tags: Employment Discrimination, Federal Courts, Judge Robert G. Doumar

Plaintiff, an African-American female over 40, was an employee of the Portsmouth Assessor’s office. She had had several disagreements with fellow employees. She was ultimately terminated for refusing to perform a work assignment, claiming that it was someone else’s job. She was notified of her right to file a grievance over her termination, but she [...]

No Copyright Violation for Georgian Home Design

By Deborah Elkins
Published: November 22, 2011
Tags: Intellectual Property, Judge Robert G. Doumar, U.S. District Court - Eastern District

A custom home designer/builder in the Williamsburg area loses this suit alleging copyright infringement by defendant builders; the Newport News U.S. District Court says the 18 designs pictured in plaintiff builder’s promotional brochure,“Places to Call Home,” encompass most designs used in the Williamsburg area, and it is difficult to conceive that similar houses could be [...]

Government Claim for Reimbursement Advances

By Deborah Elkins
Published: November 22, 2011
Tags: Judge Robert G. Doumar, U.S. District Court - Eastern District, Workers’ Comp

The Newport News U.S. District Court says the United States can proceed with its statutory claim for reimbursement from employer and its insurer for treatment employee received at a military hospital following his compensable injury; the government may voluntarily dismiss any party not an insurer or employer. Employee retired from the military in 1984 with [...]