Judge T.S. Ellis III « Virginia Lawyers Weekly

Parties Agree to Pay Own ESI Costs

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Judge T.S. Ellis III, U.S. District Court - Eastern District

In this protracted False Claims Act suit against a government contractor that concluded with a jury verdict for the contractor, an Alexandria U.S. District Court grants the contractor’s request for costs under FRCP 54(d) and awards $119,193, including $8,889 in transcript costs, $11,957 in witness fees and expenses, $59,384 in copying costs and $38,962 in [...]

Debtor Was Fiduciary for Gas Sales

By Deborah Elkins
Published: January 12, 2012
Tags: Bankruptcy, Judge T.S. Ellis III, U.S. District Court - Eastern District

An Alexandria U.S. District Court says a bankruptcy court erred in deciding a convenience store operator’s debt to a petroleum supplier for gasoline was dischargeable; the parties’ agreement on gas sales meant debtor was acting in a fiduciary capacity when he possessed the gas sales proceeds.
The bankruptcy court found that because the parties’ Gasoline Services [...]

Borrower’s TILA Claim Not Time-Barred

By Deborah Elkins
Published: January 5, 2012
Tags: Judge T.S. Ellis III, Real Estate, U.S. District Court - Eastern District

A plaintiff fighting foreclosure on his refinanced home cannot sue any of three remaining defendants as “debt collectors” who violated the Fair Debt Collection Practices Act, but his claim for violation of a TILA requirement of notice to a borrower of a note’s transfer survives, says an Alexandria U.S. District Court.
This dispute between a borrower [...]

4th Circuit hears former congressman’s appeal

By The Associated Press
Published: December 19, 2011
Tags: Criminal, Federal Courts, Judge Allyson K. Duncan, Judge Paul V. Niemeyer, Judge T.S. Ellis III

(AP) The business dealings that resulted in a former Louisiana congressman’s corruption convictions were not “official acts” under federal bribery law because they had nothing to do with the legislative process, his attorney told a federal appeals panel Dec. 9.
Lawrence Robbins, an attorney for former U.S. Rep. William Jefferson of New Orleans, told a three-judge [...]

Settlement Breach Claim Not ‘Direct Action’

By Deborah Elkins
Published: November 30, 2011
Tags: Insurance, Judge T.S. Ellis III, U.S. District Court - Eastern District

A defendant insurance company sued for allegedly reneging on a settlement with plaintiffs, a married couple injured in an auto accident, may remove their suit to federal court on diversity grounds, says an Alexandria U.S. District Court; this lawsuit is not a “direct action” against an insurer under 28 U.S.C. § 1332(c)(1).
Plaintiffs claim they accepted [...]

Carrier Has Duty to Defend in Pool Drowning Case

By Deborah Elkins
Published: November 22, 2011
Tags: Insurance, Judge T.S. Ellis III, U.S. District Court - Eastern District

In this declaratory judgment action filed against a CGL carrier that refused to defend a pool company in a $10 million wrongful death suit filed by the parents of a child who drowned, an Alexandria U.S. District Court looks to parol evidence to determine who is the intended entity to be insured, and says the [...]

Equitable Estoppel Modified Note

By Deborah Elkins
Published: October 20, 2011
Tags: Judge T.S. Ellis III, Real Estate, U.S. District Court - Eastern District

The Alexandria U.S. District Court grants a widow summary judgment enforcing a promissory note against her former son-in-law, but applies equitable estoppel to reduce his liability for late fees and interest; the court defers decision on other issues including the amounts of attorney’s fees and interest son-in-law owes.
Parents loaned daughter and her husband $1 million [...]

Worker Can’t Sue for Rental-Lift Injury

By Deborah Elkins
Published: October 17, 2011
Tags: Judge T.S. Ellis III, Negligence, U.S. District Court - Eastern District

Even though a lift rented by one subcontractor at a construction site had a universal key, that did not mean sharing use of a lift is a common practice, and an electrician employed by different subcontractor at the site cannot sue the lessor of the lift for injuries the electrician allegedly suffered when he attempted [...]

Prior Act Evidence Allowed in SSN Fraud Case

By Deborah Elkins
Published: October 6, 2011
Tags: Criminal, Judge T.S. Ellis III, U.S. District Court - Eastern District

In this prosecution for use of a false social security number and use of a fraudulently obtained passport, the Alexandria U.S. District Court grants the government’s motion allowing it to introduce prior act evidence of defendant’s previous use of false names and false social security numbers.
The government filed a pretrial motion requesting permission to introduce [...]

Court Clarifies Criminal ‘Discovery’ Rules

By Deborah Elkins
Published: October 6, 2011
Tags: Criminal, Judge T.S. Ellis III, U.S. District Court - Eastern District

In a criminal case with a 17-defendant, two-count indictment charging conspiracy to distribute a controlled substance, the Alexandria U.S. District Court denies four defendants’ motions asking the government to disclose its trial exhibit and witness list to each defendant.
The indictment charges all defendants with a drug conspiracy involving cathinone, a Schedule I controlled substance contained [...]

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