Where the bank showed the borrower breached three enforceable notes for development financing, and that the defendants had both signed guarantees, judgment was entered against the defendants for $864,536.61. Background Fulton Bank N.A. seeks judgment against two guarantors for amounts ...

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

Where the defendant has been held for more than one year without a bond hearing, his prolonged detention raises due process concerns. A hearing was ordered, where the government bears the burden of justifying his continued detention by clear and ...

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

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

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

The property casualty insurer hired its own consultant to investigate claims brought against its insured by the City of Suffolk, defended the claims, sought input from the indemnitors and obtained a release of the bonds in exchange for a settlement ...

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

Where a homeowner argued her failure to timely file her claim that the bank wrongfully foreclosed on her home should be excused because she did not discover the allegedly fraudulent statements at the time they were made, and where the ...

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

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