Judge Joel Hoppe

May 9, 2023

Defendant sanctioned for failure to appear at depo

Where man failed to appear for his court-ordered deposition, certain factual allegations were deemed established for purposes of this action as a sanction. Background Bogdan Bindea has filed a motion for sanctions against John Uhr under Rule 37(d) of the Federal Rules of Civil Procedure. Bindea asks the court to treat certain factual allegations against […]

Feb 26, 2023

Economic loss rule bars tort claims against broker

Where a party asserted negligence and breach of fiduciary duty claims against its insurance broker for allegedly failing to procure the proper type of insurance, Virginia’s economic loss rule barred the claims. Background This case initially involved a dispute over whether a marine insurance policy issued by Atlantic Specialty Insurance Company, or ASIC to Bogdan […]

Oct 23, 2022

Carrier has no duty to cover boat loss

Where an application for admiralty insurance sought coverage for work in and around South Florida and the carrier insured that work based upon the representations in the insurance applications, it had no duty to cover a boat loss that occurred in Haitian waters. Background This declaratory judgment action is before the court on the motion […]

Oct 23, 2022

Court resolves discovery dispute in real estate suit

Although a company sued for allegedly breaching an agreement sell a 26-acre parcel of land raised numerous objections to discovery requests propounded by the plaintiffs, including that they were overbroad, irrelevant, vague and unclear, the court largely required it to respond to the requests. Background The Reserve at Winchester I LLC and Robert Cathcart allege […]

Oct 23, 2022

Subpoenas to non-parties OK in real estate dispute

Where a company sued for allegedly breaching an agreement sell a 26-acre parcel of land moved to quash subpoenas sent to non-parties, its motion was largely denied. The subpoenas were sent for a good reason, were non-cumulative and sought relevant information. Background The Reserve at Winchester I LLC and Robert Cathcart allege that R 150 […]

Jul 28, 2022

Workers’ comp insurer dodges fraud claim

Where a man alleged that a workers’ compensation carrier defrauded Maryland courts by submitting and resubmitting medical records from another person with the same name as evidence in proceedings related to his workers’ claims for permanent disability benefits, but he did not allege the false statement was knowingly made to him, he never relied on […]

Jun 3, 2022

Government may proceed in consumer protection suit

Where defendants sued for violating federal and state laws while administering “immigration bonds” for indigent consumers facing deportation moved to quash subpoenas sent to non-parties, their motion was denied. The subpoenas properly sought information to “fully understand” the defendants’ financial condition and relevant business relationships. Background The Consumer Financial Protect[...]

Apr 27, 2022

Town must produce attorney’s report

Where the Town of Front Royal retained an attorney to conduct an investigation into a town clerk’s discrimination complaints, it must produce communications regarding the investigation, the attorney’s conclusions and her advice about any remedial measures to address the alleged harassment because it put her communications “at issue.” Background This is a discrimination, retaliation and [&h[...]

Attorney report
Apr 25, 2022

Privilege waived: Town ordered to produce attorney’s report in harassment investigation

The Town of Front Royal has been directed by a magistrate judge to disclose its communications with its retained attorney on an investigation into harassment claims made by a former town clerk after the former clerk’s motion to compel was granted in part. Additional communications from the attorney regarding advice on the clerk’s termination was […]

Feb 8, 2022

Denial of SSI benefits supported by record

Where an administrative law judge, or ALJ, found that a woman had “no limitation with or diagnosis from a provider for right arm problems or impairments,” and the applicant did not challenge this finding, there was substantial evidence supporting the ALJ’s conclusion that the applicant could meet the lifting/carrying demands of “medium” work when using […]

Feb 8, 2022

ALJ erred by relying solely on medical evidence

Where Social Security regulations provide that an administrative law judge, or ALJ, may not disregard a person’s statements about the intensity, persistence and limiting effects of symptoms solely because they are not substantiated by medical evidence, the ALJ erred by discounting a woman’s claims and looking only to the medical record. Background In February 2017, […]

Dec 2, 2021

Libel defendant sanctioned for failing to preserve documents

Where a defendant sued for making allegedly defamatory statements about the plaintiff — a counter-protestor who posted video of the “Unite the Right” rallies in Charlottesville — failed to preserve potentially relevant documents, the plaintiff was entitled to an adverse jury instruction. Background This is a defamation case arising out of the “Unite the Right” […]

Verdicts & Settlements

See All Verdicts & Settlements


See All Viewpoint


How Is My Site?

View Results

Loading ... Loading ...