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Companies awarded over $1.4M in attorneys’ fees
Where the court previously found a company was liable for fees and costs incurred by two other companies in responding to a hepatitis A virus outbreak, the prevailing companies were awarded more than $1.4 million in attorneys’ fees. Background This action arises out of a 2016 outbreak of hepatitis A virus linked to consumption of […]
Parole Board adequately explained denial of parole
Where the Parole Board explained that it denied parole to the detainee because of the “serious nature and circumstances of [his] offense,” its conclusion that he should “serve more of [his] sentence prior to release on parole” and that to grant parole at that time would “diminish the seriousness of [his] crime,” that was constitutionally […]
Constitutional challenge of school COVID policy fails
All claims filed by parents challenging a now defunct Fairfax County Public School’s COVID quarantine policy have been dismissed by a Virginia federal court. The parents’ primary argument was that the policy violated equal protection because it treated their unvaccinated children differently from their vaccinated classmates. But Judge Leonie M. Brinkema of the Eastern District […]
Equal Protection attack on school COVID policy fails
Where parents argued that a Fairfax school policy violated the Equal Protection Clause by treating their unvaccinated children differently from their vaccinated classmates, but the defendants relied on public health experts like the CDC in developing their quarantine policy, the equal protection claim failed. Background Eric and Jenny McArthur and their four minor children challenge […]
Effort to set carjacking conviction aside fails
Where a man used a gun to carjack a van carrying Peloton bicycles, his motion to set aside the jury convictions for Hobbs Act robbery, carjacking and use of a firearm in relation to a crime of violence were denied. Background On Aug. 25, 2021, Douglas Damon Whitley and Kindal Robinson, who reside together and […]
Tainted strawberry provider liable for hepatitis damages
Where the provider of strawberries responsible for a hepatitis A outbreak claimed indemnification from the purchaser of the strawberries, the provider’s claim was denied because the court already held it must indemnify the purchaser, the strawberries did not satisfy specifications and there was no evidence the purchaser was negligent. Background This litigation arises out of […]
Sheriff deputies defeat excessive force claim
Where the undisputed facts showed that the plaintiff actively resisted Loudoun County sheriff deputies who were arresting him for failing to appear for a court appearance, the deputies acted reasonably and were granted summary judgment. Background Douglas Vaughn filed his complaint in May 2019, and named two defendants: Loudoun County sheriff deputies Justin Denton and […]
Polo association defeats claims by player accused of bullying
Where a polo player was investigated for allegedly directing a racial slur toward a minor and then bullying him, but was cleared of the charges, his subsequent defamation, breach of contract and emotional distress claims against the investigating organization were dismissed. Background The amended complaint alleges that the United States Polo Association or USPA, defamed […]
Refusal to reinstate PCT application arbitrary
Where the United States Patent and Trademark Office, or USPTO, refused to reinstate the plaintiffs’ patent cooperation treaty, or PCT, application after they paid the required fees, that was arbitrary and capricious. The office had granted relief to at least three PCT applicants seeking cancellation of withdrawals when they showed they had not received the […]
‘Inflexible and unforgiving’: Pavlov dogged by arbitrary USPTO decisions
In a case that “should give pause to those who engage in […] patent prosecution,” the United States Patent and Trademark Office, or USPTO, “acted arbitrarily and capriciously” when it repeatedly refused to reinstate an application initially filed with an incorrect address. Judge Leonie M. Brinkema of the Eastern District of Virginia saved an international […]
Government employee’s discrimination claims fail
Where a Department of State auditor alleged he was not selected for an assignment because of his race, color and sex, but the evidence showed there were legitimate business reasons for choosing someone else, including giving the opportunity to an auditor not previously deployed and who was not the same GS level, the government prevailed […]
Former Navy seaman can’t change dishonorable discharge
Where a Navy seaman who was charged with improperly touching a three-year old signed a probation agreement in which he admitted that he “committed the offense charged,” his challenge to the denial of his request to upgrade the status of his discharge for misconduct failed. Background James R. Heuss filed this civil action against the […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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