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Banks and banking – Bank defeats customer’s conversion claim
Peoples Bank's conversion claim dismissal affirmed after debiting accounts linked to judgment debtors in West Virginia execution proceedings.
Wire fraud litigation: Understanding the loss allocation rules for Article 4A
Article 4A of the Uniform Commercial Code governs loss allocation in wire fraud cases, defining bank and customer liabilities for electronic funds transfers.
Appeals – Appealed dismissed because of failure to timely post bond
Goldenleaf Logistics appeal dismissed by Virginia circuit court for failing to post appeal bond within 30 days as required under Code § 16.1-107.2.
Commercial – Court enjoins enforcement of West Virginia drug statute
The 4th Circuit affirmed a district court injunction blocking West Virginia's S.B. 325 drug statute, finding federal preemption under the 340B program.
Commercial – Former business partner sued for misappropriating trade secrets
SkyBell Technologies' trade secrets misappropriation claims against Alarm.com survive motion to dismiss in EDVA due to fact-specific statute of limitations issues.
Commercial – Internet service provider’s suit against T-Mobile is dismissed
Bloosurf's suit against T-Mobile for network interference was dismissed by the 4th Circuit, citing election of remedies and Communications Act preemption.
Joys, perils, unpredictabilities of substitute judging
The term “Substitute Judge” has certain connotations to it. While not necessarily a uniform approach, some attorneys I have encountered appear to view such judges with a modicum of disdain, […]
Reverse engineering in the age of AI: Are your trade secrets still safe?
Artificial intelligence has dramatically expanded the toolkit available for reverse engineering, and in-house counsel might wish to take note.
Commercial: Res judicata and collateral estoppel bars attempted relitigation of claims
Where a cabinet maker sued multiple parties, but most of its claims were barred by res judicata or collateral estoppel from a prior arbitration, and the remaining claims were barred by the statute of limitations or laches, the suit was dismissed.
Commercial: Companies squabble over who must satisfy strict products liability judgment
Where two companies were previously held jointly and severally liable for supplying contaminated eyewash, but one company’s culpable conduct was more extensive and of a different nature than the conduct of the other company, the first company must indemnify the second company.
Costco becomes biggest company yet to demand refund of Trump tariffs
Costco is seeking refunds on Trump-era import tariffs as the Supreme Court weighs their legality. Importers file trade court actions to preserve refund rights.
Commercial: RICO and fraud claims in kickback scheme are reinstated
Where Amazon showed it paid more in lease and direct-purchase real estate transactions than it would have absent a kickback scheme, the district court wrongly dismissed its claims under the Racketeer Influenced and Corrupt Organizations Act; its claims of fraud, unjust enrichment and conversion and part of its civil conspiracy claim.
Verdicts & Settlements
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
Opinion Digests
- Criminal – Sentence for ‘unusually heinous’ conduct is affirmed
- Criminal – Sentence wasn’t unreasonable despite deportation consequences
- Appeals – Waiver in plea agreement forecloses most arguments on appeal
- Appeals – Appellant’s informal brief forfeited appellate review
- Employment – Failure to exhaust administrative remedies dooms Title VII suit
- Jurors – Dishonest juror didn’t violate defendant’s Sixth Amendment rights
- Criminal – Motion to suppress backpack denied where defendant abandoned item
- Civil Rights – Officer denied immunity in fatal shooting case
- Civil Rights – No qualified immunity on excessive force police K-9 claim
- Criminal – Probable cause includes dog’s positive alert for narcotics
- Criminal – Evidence supports obstruction of justice conviction
- Search & Seizure – Inventory search exception applies to warrantless search
