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

Where the administratrix for a detainee who died from gallstones sued prison and medical officials, their motions to dismiss were largely denied because the complaint plausibly alleged facts showing deliberate indifference, gross negligence and ordinary negligence. Background This action arises ...

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

Where a company and individual sued for violations of the Lanham Act, defamation, tortious interference with plaintiffs’ prospective business advantages and relationships and business conspiracy did not purposefully avail themselves of the benefits and privileges of Virginia law, there was ...

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

Where a man alleged that Virginia held an election in 2021 for the House of Delegates based on outdated population data, thereby unconstitutionally diluting his vote, his complaint was dismissed for lack of standing. Background This matter comes before the ...

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

Where the district court issued a stay to allow the defendant to take an interlocutory appeal to the Fourth Circuit, which prevents plaintiffs from sending notices to putative collective members and limits their ability to opt in, the extraordinary circumstances ...

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

Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. ...

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

Where neither the Fourth Circuit nor the U.S. Supreme Court has prescribed the process for certification of FLSA collective actions, and the defendant urged the court to follow a Fifth Circuit decision outlining an approach different from the one typically ...

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

Where creditors of a bankrupt company sought to recover money damages for losses allegedly suffered as a result of the actions of former company executives, they were entitled to a jury trial on their fiduciary breach claims. Background This matter ...

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

Where an anti-mask advocate moved to enjoin a Centers for Disease Control and Prevention, or CDC, order requiring airline passengers to wear masks, but the mandate had already been enjoined by another court and he had been granted waivers from ...

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