Where owners of electronic skill-based games alleged that defendants purchased and used illicit versions of their games, the owners’ motion for default judgment on their Copyright Act claims was granted. But the owners were denied willful statutory damages because there ...

Tagged with: Intellectual Property Judge David J. Novak U.S. District Court - Eastern District

Where a partner in a Richmond real estate development allegedly engaged in multiple acts of bank fraud, money laundering and fraud, individually or through his controlled entities, that plausibly establish a “pattern of racketeering activity.” As such, his motion to ...

Tagged with: Judge David J. Novak Securities U.S. District Court - Eastern District

Where two companies alleged a third company failed to pay them for medial staffing services to the states of Idaho and Washington to alleviate hospital staffing and supply shortages caused by COVID-19, they plausibly alleged claims for fraud and conversion. ...

Tagged with: Commercial Judge David J. Novak U.S. District Court - Eastern District

Where a detective omitted several facts from an affidavit seeking a search warrant, but there was no showing the detective omitted the facts to intentionally mislead or with reckless disregard of whether their omission would mislead the state magistrate, the ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District

Where the mother of man who died from gallstones while in prison sued numerous individuals, the majority of her claims against the prison doctor were dismissed because the facts did not support claims for deliberate indifference or gross negligence. Background ...

Tagged with: Judge David J. Novak Medical Malpractice U.S. District Court - Eastern District

Where a defendant indicted for unlawful possession of a firearm by a felon argued that 18 U.S.C. § 922(g) was vague, this challenge was rejected because his proposed broad reading contradicted the statute’s plain language. Background On May 3, 2022, ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District

Where the Social Security Administration, or SSA, disqualified an attorney from representing disability claimants before the agency because he had been disbarred by two state bars, and the attorney challenged that decision on multiple grounds, each of his challenges was ...

Tagged with: Civil Rights Judge David J. Novak U.S. District Court - Eastern District

Where the administrator for a man killed when his tire failed sued multiple companies for negligence and products liability, the court lacked jurisdiction over one company with no meaningful contacts with Virginia. The company’s contacts were so lacking, moreover, that ...

Tagged with: Judge David J. Novak Products Liability U.S. District Court - Eastern District

Where the circuit court entered a default judgment authorizing the seizure of the pro se plaintiff’s land by the Commonwealth of Virginia Department of Conservation and Recreation, or DCR, his federal court suit against judges, court personnel and others was ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Where the defendant was convicted of conspiracy to violate the Racketeering Influenced and Corrupt Organizations Act, or RICO, he was not eligible for sentence reduction under the First Step Act. The Fair Sentencing Act did not modify the statutory penalties ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District