Claims Advance Against Loan Servicers

Venue Transfer Ordered in Patent Case

By Deborah Elkins
Published: May 22, 2013
Tags: Intellectual Property, Judge Henry Coke Morgan Jr., U.S. District Court - Eastern District

A Norfolk U.S. District Court grants defendants’ motions to transfer venue of these four patent infringement actions to a California federal court. All four of these cases are patent infringement actions brought by the same plaintiff regarding the same technology. This particular matter is before the court on defendants LG Electronics Inc. and LG Electronics [...]

Contest Ends Over Telecom Software Patents

By Deborah Elkins
Published: May 22, 2013
Tags: Intellectual Property, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants summary judgment to defendant, an Irish company with U.S. headquarters in Reston, on all patent infringement claims asserted by plaintiff, an Israeli company that sells software portfolios to telecommunications companies, and summary judgment for plaintiff on defendant’s counterclaims for inequitable conduct. Although there remain disputed issues of material fact [...]

No Jurisdiction from Securities Counterclaims

By Deborah Elkins
Published: May 22, 2013
Tags: Civil Procedure, Judge Henry E. Hudson, U.S. District Court - Eastern District

Plaintiff company’s suit against former employees and a competitor alleging conspiracy to misappropriate trade secrets is remanded back to state court by the Richmond U.S. District Court; language in the two federal securities statutes cited in defendants’ counterclaims does not trump the well-pleaded complaint rule that requires the court to look only to plaintiff’s complaint [...]

New Defendant Added in Elevator-Drop Case

By Deborah Elkins
Published: May 22, 2013
Tags: Civil Procedure, Judge Henry Coke Morgan Jr., U.S. District Court - Eastern District

In this negligence action filed by a woman who was injured when she stepped into an elevator on the 12th floor of the tower at One Commerce Place in Norfolk and the elevator suddenly and violently dropped a number of floors, a Norfolk U.S. District Court will allow amendment of her complaint to substitute as [...]

Bodily Injury Not ‘Crime of Violence’

By Deborah Elkins
Published: May 22, 2013
Tags: Criminal, Judge T.S. Ellis III, U.S. District Court - Eastern District

Defendant’s two prior convictions for unlawful bodily injury under Va. Code § 18.2-51 do not constitute predicate “crimes of violence” under federal sentencing guidelines, and the Alexandria U.S. District Court says defendant is not eligible for a 12-level enhancement of his offense level on his sentence for illegal re-entry into the U.S. following removal. Given [...]

Guarantors Liable for Promised Rent Payments

By Deborah Elkins
Published: May 22, 2013
Tags: Creditor's Rights, Judge John A. Gibney Jr., U.S. District Court - Eastern District

Plaintiff lender wins summary judgment against defendant guarantors on loans to develop a retail site in the Richmond area; once the borrower defaulted on its loan payments, it owed plaintiff the remainder of the rent payments after paying property-related expenses, and the guarantors became liable when the borrower failed to pay the rents to plaintiff. [...]

Lender Wins Conversion Claim for Rent

By Deborah Elkins
Published: May 22, 2013
Tags: Judge John A. Gibney Jr., Tort, U.S. District Court - Eastern District

Applying Florida law, a Richmond U.S. District Court says plaintiff lenders are entitled to summary judgment finding defendant developers of retail stores liable for conversion of rent payments the lenders were entitled to collect, but the case will go to trial on damages. This case involves financing for the development of retail stores in shopping [...]

No Jurisdiction from HAMP Reference

By Deborah Elkins
Published: May 22, 2013
Tags: Judge Mark Davis, Real Estate, U.S. District Court - Eastern District

A Norfolk U.S. District Court remands to state court plaintiff borrower’s suit alleging state-law contract and tort claims, as the complaint’s mere reference to procedures and guidelines under the federal HAMP statute does not provide a basis for federal question subject matter jurisdiction. Defendants removed this case to federal court solely on the ground of [...]

Hearing Ordered on Plea Deal Claim

By Deborah Elkins
Published: May 22, 2013
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

Based on petitioner’s assertion that an injury delayed his response, the Norfolk U.S. District Court orders an evidentiary hearing on petitioner’s motion under 28 U.S.C. § 2255 alleging his lawyer did not communicate a plea offer from the federal prosecutor. The lawyer who defended the case earlier stated in an affidavit that he and petitioner [...]