In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the ...

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

A Richmond U.S. District Court denies a preliminary injunction to candidates for the Republican nomination for U.S. President who failed to meet Virginia’s statutory requirement for a spot on the primary ballot, of 10,000 signatures on petitions circulated by persons ...

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

In this contract action on a project to improve Internet service for airline passengers, plaintiff Lufthansa states a claim with allegations that defendant Wi-SKY Inflight made false statements and representations on the investor relations section of its public website concerning ...

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

Lender is entitled to dismissal of borrower’s action for damages and injunctive relief alleging violation of the Home Affordable Mortgage Program (HAMP), breach of contract and breach of implied duty of good faith and fair dealing, the Richmond U.S. District ...

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

The Richmond U.S. District Court dismisses a pro se borrower’s 57-page, post-foreclosure complaint against 11 defendants for insufficient pleading under Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Rules 8 and 9; the court takes judicial notice that ...

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

Some Virginia federal judges are questioning tactics used by lawyers attempting to enforce copyrights on allegedly pirated “adult entertainment” videos. A judge in Richmond, on his own motion, has asked one movie maker and its lawyer to show why they ...

Tagged with: Federal Courts Judge John A. Gibney Jr. Judge Robert E. Payne Judge Tommy E. Miller

The Richmond U.S. District Court denies summary judgment for employer in a Title VII action alleging retaliatory termination for reporting sexual harassment of an employee with whom the terminated employee had had an adulterous affair; the parties’ conflicting allegations presented ...

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

In this contest over life insurance proceeds paid under an employee benefit plan, a Richmond U.S. District Court says the insurance company properly paid the proceeds to decedent employee’s surviving widow and his two children, pursuant to his final designation ...

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

Although a homeowners’ association was not incorporated when debtors signed documents acknowledging receipt of the disclosure packet required under the Virginia Property Owners Association Act, the 20-month delay in incorporation did not allow debtors to cancel their agreement to buy ...

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

A couple who allege they attempted to borrow against a retirement account in order to catch up on their mortgage payments, but who came home one day to find a handwritten note on their front door saying the home had ...

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