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Plaintiff entitled to return of stolen domain name
The court adopted the magistrate judge’s report finding a corporate plaintiff established that it owned the stolen domain name, which was unlawfully transferred by the defaulting defendant. Background Blackshore Properties Inc. filed this civil action against two defendants: John Doe, an unknown individual who is alleged to have unlawfully hijacked plaintiff’s domain name and EQN.com, [&hellip[...]
No relief for defendant convicted of aiding and abetting attempted murder
The court rejected a defendant’s argument that his conviction for aiding and abetting attempted murder does not qualify as a “crime of violence” under the §924(c)(3)(A) “force clause,” finding that just because an aspect of his conviction was attempted murder does not remove the crime from qualifying as a crime of violence under the clause. […]
Defendant hit with default as sanction
In a case involving claims of sham real estate investments, a pro se defendant and her company’s repeated failure to appear before the magistrate judge and repeated violations of Federal Rules and court orders, even after compliance with discovery was required as part of a parallel criminal case probation, resulted in the court’s entering an […]
Challenge to family reunification policy goes forward
Claims by an unaccompanied minor and his relative that the Office of Refugee Resettlement policy violated the Administrative Procedure Act and the plaintiffs’ procedural due process rights, proceed to discovery. Background Plaintiffs/petitioners in this putative class action are four minors from Central America designated as “unaccompanied alien children” who are, or who have been, in [&hell[...]
Teaming agreement was not an enforceable contract
A subcontractor cannot rely on a teaming agreement with a contractor as binding, as such agreements imply the parties intend to negotiate in the future. Background InDyne Inc. submitted a proposal to the Air Force in which it proposed Beacon Occupational Health & Safety Services Inc. as a subcontractor. Before submitting the proposal to the […]
Judgment granted as sanction for discovery misconduct
Plaintiff was granted judgment on liability on a number of consumer claims as a sanction for defendant auto dealer’s misconduct during discovery, and he is entitled to more than $164,000 in damages. Background In this civil action, plaintiff brings a variety of statutory and common law claims against defendant stemming from defendant’s alleged improper conduct […]
Defendant breached franchise agreement
The plaintiff Precision Tune franchisor showed that the manner in which the franchisee sold assets and real property and its failure to make advertising expenditures breached the parties’ franchise agreement. Background Plaintiff is the franchisor of the Precision Tune Auto Care system, engaged in the business of franchising independent business persons to operate automotive service […]
EDVA: Terror convictions lack predicate, vacated
A defendant convicted of various conspiracy charges related to his involvement with violent jihad groups overseas successfully challenged certain convictions via a § 2255 motion, arguing that offenses invoking the use of force under 18 U.S.C. § 924 lacked proper predicate crimes. Background In 2003, Movant Seifullah Chapman and others were indicted for various offenses […]
EDVA: Long-detained immigrant entitled to bond hearing
A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the U.S. in 2007 after his cousin was murdered and his aunt received death threats. He […]
EDVA: Due process requires bond hearing for long-detained immigrant
A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the U.S. in 2007 after his cousin was murdered and his aunt received death threats. He […]
EDVA: New SCOTUS ruling doesn’t bar torture claims
Claims against a U.S. military contractor for its involvement in abuse of Abu Ghraib prison detainees can proceed and are not affected by the U.S. Supreme Court’s April decision in Jesner v. Arab Bank PLC. Background This civil action arises out of the Plaintiffs’ alleged mistreatment by members of the U.S. military and Defendant CACI Premier […]
4th Cir.: State drug convictions defeated court’s jurisdiction
An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on his removal order. The petitioner also was not eligible for cancellation of removal. Background Petitioner […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
