A party challenging a decision of the Army Corps of Engineers, or USACE, could not rely on evidence that was not in the administrative record. And, because the record showed USACE complied with the requisite guidelines, rules and regulations, its ...

Tagged with: Administrative Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

Disputed terms such as “packet(s),” “configured to” and “proxy system” in a patent case involving threat detection computer technology were resolved after a hearing. Background These matters come to the court on eight disputed terms found in the asserted claims ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

Where Norfolk Southern did not fail to accommodate a conductor allegedly suffering from post-traumatic stress disorder, the conductor failed to establish a viable nonconductor job that would have accommodated his disability. Background Plaintiff alleges that defendant failed to accommodate his ...

Tagged with: Employment Discrimination Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A plaintiff that successfully invalidated a patent held by the defendant was denied attorneys’ fees and costs because the defendant’s position was not objectively baseless or frivolous and the case was not “exceptional.” Background On May 17, 2018, the third ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

Whether a spouse who died lacked the mental capacity to enter into a marriage could not be challenged because under Virginia law, even assuming a decedent was mentally handicapped, the marriage could not be collaterally attacked after one spouse’s death. ...

Tagged with: Judge Henry Coke Morgan Jr. Labor U.S. District Court - Eastern District

A Virginia federal judge says the pub­lic and press have a constitutional right to inspect newly filed lawsuits within a day of filing. The decision by U.S. District Judge Henry Coke Morgan Jr. is a win for a national news ...

Tagged with: Judge Henry Coke Morgan Jr. Law Clerks U.S. District Court - Eastern District

Where a City of Norfolk employee allegedly caused injuries to two persons by his negligent operation of a boat, he is nevertheless immune from liability because the maritime tort occurred while he was performing a discretionary function in the scope ...

Tagged with: Judge Henry Coke Morgan Jr. Negligence U.S. District Court - Eastern District

A sophisticated entrepreneur who knowingly agreed to an appeal waiver in his plea agreement waived his right to appeal an order denying a motion to modify terms of his supervised release, imposed as part of the original sentence, that prohibits ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry Coke Morgan Jr.

Where the record was ambiguous on whether there was complete diversity among the parties, and there was insufficient evidence demonstrating fraudulent joinder, the suit against various entities of The Church of Jesus Christ of Latter-day Saints returned to state court. ...

Tagged with: Judge Henry Coke Morgan Jr. Negligence U.S. District Court - Eastern District

Where the owner of a ship detained by Nigeria for more than two years identified property it wanted garnished, its request was denied because it did not provide a sufficient basis to conclude the garnishee held property in which defendant ...

Tagged with: Admiralty Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District