A recent Fourth Circuit decision holds that there must be independent evidence beyond the defendant’s statement, establishing his guilt. Because the only evidence here was the defendant’s own statement in connection with acquisition of a firearm, even though that statement ...

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

Where a mortgage borrower’s argument that loan servicing companies tacitly consented to arbitration by their silence was frivolous, and he refused to withdraw a motion to confirm an “arbitration” award after receiving a Rule 11 safe harbor letter, he was sanctioned ...

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

A union’s claim against its former business manager under § 501(a) of the Labor Management Reporting and Disclosure Act, or LMRDA, is subject to the two-year statute of limitations applicable to breach of fiduciary duty claims under Virginia law. This ...

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

Where the issues on appeal were not controlling questions of law but were disagreements with the bankruptcy court’s application of settled law to facts, interlocutory appeal was denied. Background On Aug. 9, 2019, Wayne Services Legacy Inc., the successor entity ...

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

The decision that a choice-of-law provision in plaintiffs’ loan agreements with tribal officials would violate Virginia’s public policy against unregulated usurious lending was certified for immediate interlocutory appeal. It was a controlling question of law upon which there was no ...

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

Although a twice-convicted murderer exhausted the Bureau of Prisons’ compassionate release process, and his terminal illness qualified as an extraordinary and compelling reason for early release, a weighing of the factors—including the seriousness of his offense, lack of evidence of ...

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

Although a plaintiff claiming violations of the Fair Credit Reporting Act stated he did not agree to a forum-selection clause, the evidence demonstrated he had, at a minimum, constructively agreed to its terms at the time he created his online ...

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

Where a woman had complained about a Spotsylvania County Deputy Sheriff, and the deputy sheriff later promised to buy another deputy lunch if he issued a ticket to the woman, the deputy sheriff was not entitled to qualified immunity because ...

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

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