A plaintiff who alleges he suffered injuries during spinal fusion surgery did not abandon his claims against non-diverse defendants, and because the removal occurred more than one year after the suit was filed in state court without a showing of ...

Tagged with: Civil Practice Judge Anthony J. Trenga U.S. District Court - Eastern District

Finding no sign of a bad faith effort to prevent removal, a federal judge has remanded a medical products liability action to state court and said he would award fees and costs to the plaintiff’s attorneys. The decision sends a ...

Tagged with: Judge Anthony J. Trenga U.S. District Court - Eastern District

An air conditioning contractor that allegedly failed to make required contributions on behalf of journeymen and apprentice plumbers and pipefitters was found liable to the pension fund for liquidated damages, interest from the date the payments were due and attorney ...

Tagged with: Judge Anthony J. Trenga Labor U.S. District Court - Eastern District

A patent lawyer’s legal malpractice claim against his bankruptcy lawyer has been revived by the Supreme Court of Virginia, offering some hope of recovery for the patent lawyer after a long series of setbacks, in and out of court. Mark ...

Tagged with: Judge Anthony J. Trenga Supreme Court of Virginia

Where the evidence was insufficient for the jury to find that a wife knew funds were proceeds from unlawful activity, the money laundering and conspiracy convictions against her cannot be sustained. Background Micro-Enterprise Management Group was created purportedly for the ...

Tagged with: Criminal Judge Anthony J. Trenga U.S. District Court - Eastern District

Under Virginia law, “smoke” composed of suspended particulate matter caused by concrete dust qualified for an exception to the “pollution exclusion” in the insured company’s policy. Background In this insurance coverage dispute, Plaintiff Allied Property & Casualty Insurance Co. and ...

Tagged with: Insurance Judge Anthony J. Trenga U.S. District Court - Eastern District

Under Virginia law, “smoke” composed of suspended particulate matter caused by concrete dust qualified for an exception to the “pollution exclusion” in the insured company’s policy. Background In this insurance coverage dispute, Plaintiff Allied Property & Casualty Insurance Co. and ...

Tagged with: Insurance Judge Anthony J. Trenga U.S. District Court - Eastern District

Various statements by a contractor related to its performance on a contract (estimated to be worth over $100 million) were optimistic or maybe even false, but the plaintiff’s allegations did not sufficiently allege executives’ scienter, i.e. a motive to deceive ...

Tagged with: Judge Anthony J. Trenga Securities U.S. District Court - Eastern District

The government effectively relied entirely on propensity evidence to support charges of receipt and distribution of child pornography, without reasonably connecting such evidence to actual photos and videos found on the defendant’s computer. A judgment of acquittal, or alternatively a ...

Tagged with: Criminal Evidence Judge Anthony J. Trenga U.S. District Court - Eastern District

A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s complaints of harassment and that it retaliated against her after she complained, the court of appeals held; thus, summary judgment for the County was improper. ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Anthony J. Trenga Per Curiam Opinion Unpublished Opinion