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

Even though the Honduran petitioner failed to seek asylum within one year of arriving in the U.S., since his arrest by immigration authorities led to more violence against his family and threats against his associates in more Honduran cities, petitioner ...

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

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Judge James A. Wynn Jr. Judge John A. Gibney Jr. Judge Roger L. Gregory

Zambrano v. Sessions (VLW No. 017-2-208, 9 pp.) (Gibney, D.J.) 16-2131; Dec. 5, 2017; on petition for review from the Board of Immigration Appeals. 4th Cir. Holding: Even though the Honduran petitioner failed to seek asylum within one year of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge John A. Gibney Jr.