Where the plaintiff alleged an employ­ee of the United States Postal Service intentionally sounded a modified horn on his vehicle while he stood in close proxim­ity to it, his characterization of the con­duct as “negligent” did not prevent the claims ...

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

Where the son was staying at a house owned by his mother that was her tem­porary residence when his dog bit a 15-month old child, Liberty Insurance was not required to make payments to the minor because the son was ...

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

Although the Virginia Conference of the United Methodist Church argued the bias suit should be dismissed because it would require the court to engage in matters of religious and church governance, this argument failed because the claims stemming from the ...

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

Where tribal officials argued that the plaintiffs’ RICO claims, based on allegations their consumer loans violated usury statutes, should be heard in arbitration or dismissed,  the arbitration provisions were deemed unenforceable and the plaintiffs’ claims were largely sufficient at this ...

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

An “award” was vacated where the petitioner obtained an arbitration hearing by sending a loan servicer an incomprehensible agreement and used its non-response to initiate arbitration, and where the “award” did not appear to have any grounding in fact or ...

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

Where a man had been previously confined against his will and prescribed antipsychotic and other medication over his objections, numerous claims in his subsequent suit against doctors and others were dismissed. His request for appointment of counsel due to deteriorating ...

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

Where an employee alleged her boss accessed her personal email, Google and Facebook accounts without authorization, the employer’s motion to dismiss claims brought under federal and state computer trespass statutes was denied by the court. Background Maureen Hains brings this ...

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

Where the debtor alleged a lender was violating Virginia’s usury and consumer finance laws, those were “constitutionally core” claims over which the bankruptcy court could retain jurisdiction. Referring those claims to arbitration would defeat the purpose of the Bankruptcy Code ...

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

Where a postal worker was injured while completing his delivery and pickup duties, his negligence claim against the United States was barred by the Virginia Workers’ Compensation Act. Although he argued the Virginia Supreme Court had held the state’s workers’ compensation ...

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

Although a doctor claimed his former employer and its administrator failed to pay him under his employment contract and also committed fraud, the administrator could not be personally sued for breach of contract and the fraud claims failed as a ...

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