Where a woman claimed she suffered a pelvic prolapse when she was involved in a traffic accident, but she failed to timely identify an expert on this issue, the court refused to reconsider its Rule 50 motion granting judgment for ...

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

Where certain of Altria Group Inc.’s directors and officers reached a settlement with shareholders who alleged they breached their fiduciary duties, the shareholders’ counsel was awarded $15 million in attorney’s fees. Although counsel sought $17.5 million in fees, the amount ...

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

Where a wrongful death lawsuit asserted claims for negligence and breach of warranty against a tire’s foreign manufacturer, but there were no facts supporting the inference that company desired, intended or even expected that its product would reach Virginia consumers, ...

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

Where a construction firm failed to file contribution reports and pay required contributions to a benefit fund, and failed to respond to the lawsuit, it was liable for the unpaid contributions, interest, liquidated damages and attorneys’ fees. Background Plaintiffs in ...

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

Where partners in the now-defunct law firm LeClairRyan PLLC argued they were improperly included on the equity security holders, or ESH, list filed by the liquidating trustee, because they resigned from the firm after it voted to dissolve, but the ...

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

Where the totality of the circumstances demonstrated that the defendant consented to a search of his bag, including by maintaining a friendly and casual tone with the officer and lifting his bag from the floorboard, unzipping it and holding it ...

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

Where a woman sued three Fairfax County judges, after they ruled against her in connection with an eviction and related state-court proceedings, her suit was dismissed as an improper appeal of adverse state-court judgments and because of judicial immunity. Background ...

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

Where the Fourth Circuit has not yet recognized the “unlawful use doctrine” as a valid affirmative defense to actions for trademark infringement, and there is a split among other circuits to decide the issue, the court declined to consider the ...

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

Where a man alleged the Department of Veterans Affairs, or VA, improperly released his medical records to the Virginia Department of Motor Vehicles, or DMV, his suit was dismissed. There is no private right of action for improper records disclosure ...

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

Where two insurance companies sued for alleged breaches of fiduciary duties argued that the liquidating trustee lacked statutory standing under the Employee Retirement Income Security Act of 1974, or ERISA, their arguments were rejected. The company, as Plan administrator, operated ...

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