No Proof of Pesticide in Office 
By Deborah Elkins
Published: February 9, 2012
Tags: Judge Henry E. Hudson, Premises Liability, U.S. District Court - Eastern District
A Richmond U.S. District Court dismisses plaintiff’s premises liability claim alleging injury from exposure to the toxic substance Merphos in office space leased from defendant realty company; although plaintiff has an expert who will testify she suffers from exposure to a toxic substance, there is no evidence as to where the exposure may have occurred, [...]
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 [...]
Default Sanction for Patent Infringement
By Deborah Elkins
Published: February 7, 2012
Tags: Intellectual Property, Judge Anthony J. Trenga, U.S. District Court - Eastern District
An Alexandria U.S. District Court accepts a magistrate judge’s recommendation to award default judgment against defendants Ali Hammoud and Al-Amir Inc. for infringing plaintiff’s line of hookah products and marks, and orders defendants to pay $288,419 in damages, $3,563 in costs and $248,863 in attorney’s fees,
The court concludes defendant Ali Hammoud’s objections to the magistrate’s [...]
HOA Can Sue Over Cable Contract
By Deborah Elkins
Published: February 7, 2012
Tags: Judge Anthony J. Trenga, Real Estate, U.S. District Court - Eastern District
In this suit by a homeowners’ association challenging a developer’s grant of exclusive access to a single cable company as supplier of communications services to residents, an Alexandria U.S. District Court dismisses the association’s antitrust claims but declines to dismiss its claim that the grant violates a 2007 Federal Communications Commission order that prohibits cable [...]
No Res Judicata Bar for Easement Dispute
By Deborah Elkins
Published: February 1, 2012
Tags: Judge John A. Gibney Jr., Real Estate, U.S. District Court - Eastern District
In this dispute between plaintiff gas transmission company and defendant property owners over the scope of an easement over defendants’ land, the Richmond U.S. District Court grants plaintiff partial summary judgment on defendants’ claim that the suit is barred by res judicata based on their neighbors’ earlier lawsuit; but the court will allow defendant property [...]
Md. Hospital Can’t Be Sued in Va.
By Deborah Elkins
Published: February 1, 2012
Tags: Judge Henry E. Hudson, Medical Malpractice, U.S. District Court - Eastern District
The estate of a man who allegedly contracted a MRSA infection because of the negligence of defendant, a hospital in Maryland, cannot sue the hospital under the Maryland Health Care Claims Act in a Virginia federal court; the Richmond U.S. District Court transfers the case to a Maryland federal court.
Plaintiff fails to identify any Virginia [...]
No Conspiracy in Software Contract Talks
By Deborah Elkins
Published: February 1, 2012
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District
Although plaintiff had a contract with a software company to market its software and negotiate a contract with Freddie Mac to replace the agency’s quality control software, Freddie Mac wanted a three-party relationship, and its ultimate decision to form a contract only with the software company did not breach an agency contract with plaintiff marketing [...]
Manager Fired Over Bank Deposit Policy
By Deborah Elkins
Published: February 1, 2012
Tags: Civil Rights, Judge John A. Gibney Jr., U.S. District Court - Eastern District
A Richmond U.S. District Court says a store manager who faced progressive discipline for multiple instances of failing to follow company policy requiring him to make at least one daily bank deposit before 2:00 p.m. cannot overcome the employer’s defense that he was terminated for this failure, as opposed to employer’s failure to accommodate his [...]
No Suppression Under Posse Comitatus
By Deborah Elkins
Published: February 1, 2012
Tags: Judge Rebecca Beach Smith, Search & Seizure, U.S. District Court - Eastern District
A Russian national woman who initially was investigated by the Department of Homeland Security and the U.S. Customs and Immigration Service for an alleged sham marriage to an enlisted Navy sailor, but who ultimately was prosecuted for a sham marriage to a civilian, cannot get the indictment against her and her husband dismissed as a [...]
AAA Rules Adoption Means Arbitration
By Deborah Elkins
Published: January 26, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District
In this pay dispute between a prime contractor and subcontractor on a foreign telecommunications contract, an Alexandria U.S. District Court says the incorporation of the AAA Rules in the subcontract’s arbitration clause, and the waiver provision drafted by the prime contractor are “clear and unmistakable evidence” that the parties intended for the issue of arbitrability [...]
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