As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge David A. Oblon Judge Henry Coke Morgan Jr. Judge John A. Gibney Jr. Judge Norman K. Moon Judge Robert E. Payne Judge Roger L. Gregory Judge William G. Petty

A Richmond federal judge has allowed malicious prosecution claims against a Virginia commonwealth’s attorney and a state detective to go forward. The decision this month keeps alive the complaint filed by a one-time candidate for Greensville County sheriff who contends ...

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

In a contract dispute between a Dominion subsidiary and a pipeline-construction company, the court resolved some issues related to non-payment claims, but held that the scope of the parties’ contract and certain aspects of its performance could not be determined ...

Tagged with: Construction Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District Utilities

An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background ...

Tagged with: Civil Rights Elections Judge John A. Gibney Jr. Municipal Search & Seizure Tort U.S. District Court - Eastern District

West Point residents stated viable nuisance and trespass claims against a paper mill near their properties. The plaintiffs alleged that wood dust invades the air in their homes and cars, even with windows closed. Background In downtown West Point, Virginia, ...

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

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