The plaintiff, a retail furniture store in North Carolina, failed to establish jurisdiction over the two individuals who sold it the business. Neither of the two sellers assumed individual obligations in the supply agreement, which was the basis of the ...

Tagged with: Business Contract Judge Douglas E. Miller U.S. District Court - Eastern District

The plaintiff was entitled to attorneys’ fees after prevailing on a motion to compel. Because the issues involved were not complex, time spent drafting and arguing was primarily awarded at a reasonable associate rate. Background This matter is before the ...

Tagged with: Attorneys Fees Civil Practice Judge Douglas E. Miller U.S. District Court - Eastern District

American Sales Company, LLC, on behalf of itself and all other similary situated, v. Pfizer, Inc., et al. (VLW 017-3-430, 36pp.) (Douglas E. Miller, J.) 2:14cv361; E.D. Va. Motion to certify class. Holding: Where 32 of the 44 proposed class ...

Tagged with: Antitrust Judge Douglas E. Miller U.S. District Court - Eastern District

Defendant Plain Green, LLC claims tribal immunity and moves to dismiss for lack of jurisdiction a claim brought by a consumer in a Norfolk U.S. District Court for violation of the Federal Fair Credit Reporting Act.  The court referred the ...

Tagged with: Creditor's Rights Judge Douglas E. Miller U.S. District Court - Eastern District

Even though a federal appeals court said a trial judge was too quick to dismiss a copyright challenge over a 2010 Justin Bieber hit, the Canadian pop singer could prevail on a second visit to Norfolk U.S. District Court. A ...

Tagged with: Intellectual Property Judge Douglas E. Miller U.S. District Court - Eastern District

A cruise ship wins summary judg­ment in a passenger’s suit alleging she slipped and fell on liquid on the stairs while onboard the Spirit of Norfolk, a mealtime entertainment cruise ship; the Norfolk U.S. District Court Magis­trate Judge says plaintiff ...

Tagged with: Judge Douglas E. Miller Negligence U.S. District Court - Eastern District

A truck driver for a food distribution company that serviced military com­missaries can try his claims under the Americans with Disabilities Act, based on factual disputes over whether em­ployer discriminated by refusing to adjust plaintiff ’s work schedule so his ...

Tagged with: Employment Judge Douglas E. Miller U.S. District Court - Eastern District

A businessman who, following bankruptcy of a struggling business venture, has sued his partners alleging various business tort claims, sees his claims for tortious inter­ference, fraud and business conspiracy dis­missed by the Norfolk U.S. District Court, on recommendations from the ...

Tagged with: Contract Judge Douglas E. Miller Judge Rebecca Beach Smith U.S. District Court - Eastern District

A Newport News U.S. District Court accepts a magistrate judge’s recommendation and awards summary judgment in this federal False Claims Act and Virginia Fraud Against Taxpayers Act suit against defendant healthcare provider, who already has been convicted of Medicaid fraud, ...

Tagged with: Contract Judge Douglas E. Miller Judge Robert G. Doumar U.S. District Court - Eastern District

A group of military families suing over mold exposure in government housing has survived an effort to shut down their case because of their halting production of social media during discovery. The plaintiff families made serial efforts to respond to ...

Tagged with: Discovery Federal Courts Judge Douglas E. Miller Premises Liability