An insurance company can stay in federal court after showing the cost of its duty to defend the plaintiffs, combined with its indemnity obligation, likely exceeded the jurisdictional minimum  of $75,000, and a motion to remand to state court is ...

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

Where an engineering construction company suing a power generating facility for breach of contract filed a motion to strike the facility’s demand for a jury trial after it had filed its answer, the motion to strike was untimely. Background In ...

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

Because nothing in the record indicated defendant’s website targeted Virginians or that defendant engaged in business or other activity with Virginia, the plaintiff failed to establish a case for personal jurisdiction. Background Defendant, Ed Foster, IV, a Florida resident, began ...

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

Plaintiffs who applied for jobs with the U.S. Postal Service failed to allege facts showing they suffered the sort of harm Congress was seeking to prevent under the FCRA. Background Plaintiffs each applied for positions with USPS in October 2014 ...

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

A group that opposes the use of dogs in medical experiments alleged facts that support its claims the Greater Richmond Transit Authority violated its First and Fourteenth rights by rejecting its advertisements. Background Plaintiff White Coat describes itself as a ...

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

The United States previously obtained judgment against an individual who failed to pay taxes for 11 years. It now moved to foreclose real property owned by the defendant. The court granted the United States’ motion for summary judgment and ordered ...

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

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

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

Because the existing record gave the court no grounds to determine whether (1) the defendant was lawfully present in the U.S. at the time a firearm was found in his residence or (2) whether the conviction statute could satisfy Second ...

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

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

Tagged with: Judge M. Hannah Lauck U.S. District Court - Eastern District Wage & Hour