Where the plaintiffs initially filed suit in Illinois despite the fact that there was no personal jurisdiction over the defendants there, their subsequent Virginia suit, filed after the expiration of the two-year statute of limitations for personal injury cases, was ...

Tagged with: Judge M. Hannah Lauck Negligence U.S. District Court - Eastern District

Although Symantec argued the remaining patent claims in a six-year dispute with the trustees of Columbia University were invalid because they constitute specific improvements in computer functionality, its bid for judgment was rejected because the remaining claims were viewed as ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a company owned by Lumber Liquidators’ founder and largest shareholder agreed to a covenant not to compete with Lumber Liquidators, and then breached that covenant, its arguments that the covenant violated federal or state antitrust law were both contradicted ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the former Superintendent of the Lancaster County Public School Division whose contract was not renewed alleged facts sufficient to sustain a claim for defamation based on statements made, motions to dismiss brought by the school board chair and a ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the parties’ contact contained choice of law and venue clauses that required application of Virginia law and that the suit be brought in Richmond, neither of those conditions prevented the litigation from being removed to federal court in Richmond. ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District

Where defendants are alleged to be involved in an unlawful lending operation where a non-tribal entity and a Native American tribe establish a company in the tribe’s name, the defendants argued the suit should be transferred to Texas federal court, ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a settlement agreement was clear and unambiguous and not reasonably susceptible to the interpretation urged by one of the parties, the bankruptcy court’s decision, which adopted the interpretation urged by the trustee, was affirmed. Background This case concerns the ...

Tagged with: Bankruptcy Judge M. Hannah Lauck U.S. District Court - Eastern District

Where there was no complete diversity between the parties, the suit was remanded to the Amelia Circuit Court. Because the defendants did not lack an objectively reasonable basis for removing the case, no attorneys’ fees were awarded by the court. ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the plaintiffs’ third attempt to plead plausible claims against a background check provider under the Fair Credit Reporting Act, was insufficient, the court dismissed the suit with prejudice. Background Plaintiffs’ three-count second amended class complaint alleges violations of the ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a complaint alleging that Teva Pharmaceuticals breached a contract by failing to use commercially reasonable efforts to market a particular drug, but failed to plead facts showing what efforts Teva should have made, the complaint was dismissed. Background This breach ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District