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Tag Archives: Judge John A. Gibney Jr.

EDVA: “Astounding allegations” sustain 11-count complaint (access required)

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 ...

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EDVA: Hair-clip patent claims lack sufficient details (access required)

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 ...

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EDVA: Targeted-ad methods too abstract for patents (access required)

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 ...

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Dueling Experts Don’t Satisfy Preponderance Standard (access required)

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 ...

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Sierra Club Awarded Partial Fees, Costs for Limited Coal-Ash Victory (access required)

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 ...

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Asylum Application – Untimely – Changed Circumstances (access required)

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 ...

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Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

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. ...

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