Virginia Lawyers Weekly VA Lawyers Weekly

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

Tagged with: Judge Glen E. Conrad Negligence U.S. District Court - Western District

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Prior convictions for fraud, embezzlement and misdemeanor use of identifying information were admissible in the trial of a woman charged with wire and bank fraud and the preparation of false tax returns because both involve her untruthfulness for personal gain. ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Where a defendant argued for dismissal of five counts of wire fraud because the superseding indictment did not plead the target of the scheme was a financial institution, her motion was denied. The indictment charged only general wire fraud, which ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Although the fees for class counsel asserting claims of fraudulent inducement by omission against Genworth Life Insurance total approximately $3 million, counsel will receive a minimum of $2 million, and could receive up to $24.5 million, depending on the relief ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Objections to a proposed class action settlement arising out of an alleged failure to disclose material information about long-term care insurance, including that the notice was inadequate, the settlement did not offer concrete benefits and rates might increase, were rejected. ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Where a man swore in his May 2019 EEOC charge of discrimination that he learned of his discharge in June 2018, his contrary allegation in a later complaint that he was terminated in May 2019, was ignored. Jurisdiction was lacking ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District