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Author Archives: Virginia Lawyers Weekly

Email service in infringement case was proper (access required)

Where plaintiffs’ complaint alleged that defendants used their trademarks without authorization to sell counterfeit versions of their products and plaintiffs properly served defendants by email pursuant to a court order, plaintiffs were entitled to default judgment on their claims that ...

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Defendant’s medical condition won’t overcome choice of venue (access required)

Although a medical condition made it difficult for the defendant to travel to the plaintiff’s chosen venue, she was not entitled to transfer the action because the plaintiff had a strong interest in keeping the action in the venue of ...

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Termination may have been breach, not discrimination (access required)

Where an employee was found to have been at least partially responsible for a transportation failure that left more than 150 special needs students stranded on the first day of school, the employee’s subsequent termination did not constitute unlawful discrimination, ...

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Case dismissed for repeated failure to file feasible plan (access required)

A debtor who failed on four separate occasions to file a feasible plan will not get a fifth opportunity. Instead, the court held the debtor’s repeated failures, which were based upon unreliable and inaccurate financial projections, were unlikely to be ...

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Ex-wife can’t avoid payment of part of joint debts (access required)

The debtor’s agreement, as part of a divorce proceeding, to pay one-half of certain joint debts incurred with her former husband meant those debts were not dischargeable under Bankruptcy Code § 523(a)(15). Background Plaintiff is the former husband of defendant, ...

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Debtor’s plan dismissed as it was not feasible (access required)

A debtor who filed multiple petitions – allegedly as part of a scheme to delay, hinder or defraud his bank’s attempts to foreclose on real property – had his case dismissed because, despite prior warning, he failed to adequately demonstrate ...

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