Virginia Lawyers Weekly VA Lawyers Weekly

Where a Maryland criminal statute prohibiting assault with intent to prevent lawful apprehension incorporates the common-law understanding of assault, which may involve innocuous conduct, it does not constitute a “violent felony” under the Armed Career Criminal Act, or ACCA. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Where a class member objects to a proposed settlement, it must first state its objection with specificity. Then the settling parties must demonstrate that the proposed settlement satisfies the requirements of Fed. R. Civ. P. 23(a). The district court must ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Diana Gribbon Motz

Where a party consents to the jurisdiction of a magistrate judge, but then seeks to withdraw it before any other party consents, it need not show good cause to withdraw its consent. Background A district court may refer a case ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge A. Marvin Quattlebaum Jr.

Where the court previously granted Walgreen Co.’s motion to dismiss a False Claims Act suit and related state claims, the government’s motion for reconsideration was denied because it failed to show the prior decision was wrong and its arguments could ...

Tagged with: Judge James P. Jones Tort U.S. District Court - Western District

Where a patent holder failed to allege facts sufficient to support a plausible claim that the defendant knowingly induced others to infringe the plaintiff’s patents, or that defendant acted with the specific intent to do so, an indirect infringement claim ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where there were disputed issues of material fact on whether patents were indefinite, whether prior art rendered a patent obvious and whether a similar machine was on sale and publicly known at the time a patent was obtained, summary judgment ...

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

Where an auto parts warehouse distributor sought to introduce a presentation by plaintiff, an automotive parts supplier, that discussed the results of the supplier’s annual audit of its business practices at trial, the presentation was excluded because the audit evidence ...

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

Where a jury is to decide the compensation due to landowners whose property was acquired as part of an easement for construction of an interstate natural gas pipeline, evidence of fear and stigma, and claims that the property was dangerous ...

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

Where a former bank employee alleged she was the victim of continuous animus and retaliatory conduct after she complained that another employee’s termination was “not right,” and that the differing treatment culminated in her termination, she plausibly alleged a claim ...

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

Where the former girlfriend of a company owner, who also worked at the company, alleged that the owner made “unwelcome” sexual advances, but the owner did not know she was ending their relationship at the time, and any animus against ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District