Virginia Lawyers Weekly VA Lawyers Weekly

A suit alleging an online publication defamed the plaintiff is headed to New York federal court because the defendants and the relevant witnesses reside there and the plaintiff is not located in Virginia. Background David Seaman filed this action against ...

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

A defendant charged with conspiracy to defraud numerous individuals by pitching investment opportunities in various business entities was unable to subpoena documents from two business entities because he failed to demonstrate that the requested documents would be admissible, could not ...

Tagged with: Criminal Judge Mark Davis U.S. District Court - Eastern District

Homeowners cannot demand that the defendants produce the original note for inspection because such a demand is contrary to Virginia’s non-judicial foreclosure laws. In addition, the homeowners lack standing to contest the assignments of the deed, the appointment of substitute ...

Tagged with: Banking Judge Leonie Brinkema U.S. District Court - Eastern District

An employee who was terminated shortly after reporting a hostile work environment and a lack of investigation into her sexual harassment claim was entitled to back pay for the wages and benefits she would have earned had she not been ...

Tagged with: Employment Discrimination Judge Robert J. Krask U.S. District Court - Eastern District

Where the painter Bob Ross had orally transferred his intellectual property rights to a company he had co-founded with his wife and friends before he executed a trust that assigned all of his intellectual property interests to his son and ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

A leading electronic cigarette manufacturer’s battle against counterfeiters has resulted in a default judgment awarding the manufacturer statutory damages and injunctive relief against the overseas counterfeiters. Background Plaintiff filed its complaint on Aug. 24, 2018, against unincorporated associations that are ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

A wife alleging her now deceased and often-estranged husband fraudulently transferred marital assets to a trust can pursue her claims in federal court. Because the federal court complaint was filed before the probate court obtained jurisdiction over the property, the ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Where plaintiffs intended to enter into an annuity contract that would provide benefits to both spouses but instead, relying on the investment advice of a registered securities representative for the defendant, entered into a single annuity contract that did not ...

Tagged with: Judge Elizabeth K. Dillon Securities U.S. District Court - Western District

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District