A defendant’s indictment for illegal re-entry was dismissed because the underlying removal order was entered without advising the defendant of his possible eligibility for voluntary removal. Background In 2011, U.S. Immigration & Customs Enforcement took custody of Defendant Leodan Itehua, ...

Tagged with: Criminal Immigration Judge John A. Gibney Jr. U.S. District Court - Eastern District

In advance of an upcoming jury trial, a plaintiff could not prevail on claims related to one of its asserted patents, and the court refused to present its proffered theory of damages to the jury. Background In this patent-infringement case, ...

Tagged with: Corporate Intellectual Property Judge John A. Gibney Jr. Telecommunications U.S. District Court - Eastern District

Dominion Virginia Power’s lawsuit to enforce a large judgment against a company that sold it “black mud” instead of coal will proceed against the company’s owner and president, with punitive damages potentially available. Background In 2014, Plaintiff Dominion Virginia Power ...

Tagged with: Business Law Corporate Judge John A. Gibney Jr. U.S. District Court - Eastern District

In October 2015, wind and rain damaged Plaintiff Constance Moss’s home. Moss’s homeowner’s insurer soon issued a claim check for over $15,000. In a move she has lived to regret, Moss sent the check to her mortgage company, Defendant Manufacturers ...

Tagged with: Consumer Protection Contract Insurance Judge John A. Gibney Jr. Mortgage Real Property U.S. District Court - Eastern District

The patent-holder and licensee for a patented hair clip were granted leave to amend their patent-infringement claims against a former licensee who continues to sell products that the patent covers. Background Plaintiff Chan Soo Kim is listed as the inventor ...

Tagged with: Business Law Intellectual Property Judge John A. Gibney Jr. Patent Disputes U.S. District Court - Eastern District

Three patents for “high-tech snooping” processes used for online marketing were not enforceable. The internet context didn’t establish sufficient inventiveness over conventional, abstract concepts. Background This case involves technology that helps businesses pry into peoples’ personal preferences and privacy. Advertisers ...

Tagged with: Commercial Intellectual Property Judge John A. Gibney Jr. Patent Disputes Telecommunications U.S. District Court - Eastern District

This case began with a complaint by the U.S. Department of Justice alleging that the Commonwealth violated the Americans with Disabilities Act. That complaint was resolved via consent decree, which required the Commonwealth to change the way it provides services ...

Tagged with: Disability Judge John A. Gibney Jr. U.S. District Court - Eastern District

At a bench trial of a medical-malpractice claim, Plaintiff Eugene Gadson failed to prove his doctors’ negligence by a preponderance of the evidence because the parties’ respective experts offered diametrically-opposed testimony as to the appropriate standard of care. Three days ...

Tagged with: Judge John A. Gibney Jr. Medical Malpractice U.S. District Court - Eastern District

Employees of the federal judiciary are not entitled to the administrative and judicial review provisions of the Civil Service Reform Act (CSRA), the court held. Perteacher Drone, who had been a probation officer for the Eastern District of Virginia, was ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

On Plaintiff Sierra Club’s motion to recover fees and costs as the prevailing party, the court granted attorney fees of $457,718 and expert fees of $102,000, as well as certain litigation costs. Sierra Club had sued Virginia Electric & Power ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District