Quantcast

Tag Archives: Judge Henry Coke Morgan Jr.

Choice of forum clause did not survive contract termination (access required)

A plaintiff was not bound by the choice of forum clause in an agreement with the defendant because that clause was not included in the list of clauses that survived termination of the agreement, and plaintiff’s partnership with another corporation ...

Read More »

Prisoner’s death results in deliberate indifference suit (access required)

A suit against prison officials sued for their alleged deliberate indifference in the death of an inmate will continue after the court denied the officials’ motion to dismiss. The officials argued that, because the complaint did not allege facts showing ...

Read More »

Virginia is proper venue for copyright dispute (access required)

A copyright dispute over competing weight-loss books will be heard in Virginia, instead of Tennessee, because the suit was properly filed in Virginia by the Virginia-based plaintiff, and because the interests of justice did not substantially favor moving the case ...

Read More »

Lender not entitled to immunity as ‘an arm of a tribe’ (access required)

An allegedly usurious lender could not avoid liability by claiming sovereign immunity as an arm of a tribe where the facts showed the tribe did not meaningfully benefit from the relationship and that the relationship instead appeared intended to benefit ...

Read More »

RICO claims against alleged usurious lenders stand (access required)

Plaintiffs plausibly alleged that certain lender defendants violated RICO as part of a scheme to charge usurious interest rates on short-term loans issued to individuals throughout the United States. Background Plaintiffs are four individuals who obtained loans from American Web ...

Read More »

Government enjoined from replacing base’s food vendor (access required)

The court held the plaintiffs were entitled to a temporary restraining order because they demonstrated the government likely violated contracting rules in awarding the contact to another entity, the plaintiffs would suffer irreparable harm if they were replaced on the ...

Read More »

Boat maker’s changes in redesign did not violate injunction (access required)

The court held a boat maker was not in violation of a permanent injunction enjoining it from making, selling or offering for sale an infringing product, because it had sufficiently redesigned the boats so as to not infringe the plaintiff’s ...

Read More »

Refusal to hire hearing-impaired applicant not ADA violation (access required)

An employer who did not hire a hearing-impaired man as a shipyard pipefitter was granted summary judgment based on evidence that the ability to hear alarms and announcements was essential, that pipefitters are subjected to high noise activities and that ...

Read More »

Patient recovers for denial of treatment, beatings – $385,000 Verdict (access required)

Involuntarily committed patient at Central State Hospital denied recommended and needed medical care (Dialectal Behavioral Therapy a.k.a. “DBT”) for three years and subjected to beatings over several weeks, at hands of another, much larger, patient, who attacked plaintiff at the ...

Read More »