The attorney of record for the defendant submitted a declaration in support of a transfer motion to Texas in which he averred to the location of documents and witnesses. While the attorney’s testimony did not violate Virginia Rule of Professional ...

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

An excess carrier forced to defend underlying suits after the primary carrier refused to do so may intervene in a coverage suit against the primary carrier. The excess carrier’s motion to intervene was timely, and its claim that the primary ...

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

Where a plaintiff sued a defendant for breaching an agreement to supply equipment based, in part, on the equipment’s failure to meet minimum quality standards and the defendant’s counterclaim for defamation was based on plaintiffs’ statements that maligned the equipment’s ...

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

Two waste management companies failed in their attempt to secure insurance coverage from insurers because the relevant agreements only provided coverage if the plaintiffs were sued for conduct of another company. Because the plaintiffs were sued only for their own ...

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

A homeowner alleging a violation of the Consumer Leasing Act will be able to move forward with his claim thanks to a recent Fourth Circuit decision. Although a magistrate judge had recommended dismissing the claim for lack of standing, a ...

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

A defamation action brought by man claiming to be a former CIA officer who was upset at being called a “con man” and having his group’s project called a “fraud,” will proceed against the defendants, who also face business conspiracy, ...

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

An employee had a valid claim for defamation against her employer where her supervisors falsely told her coworkers that she had been arrested for a felony, but she could not bring a claim for tortious interference because an employer cannot ...

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

Where plaintiffs entered into loan agreements with interest rates that far exceeded those allowed under Virginia’s usury laws, they were not compelled to arbitrate their claims as required under the contract because the arbitration clause’s attempt to disavow federal and ...

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

Where defendants claimed that a hack of a third party’s email communication caused them to misdirect funds to the hacker instead of the plaintiff, the defendants could not assert a claim for equitable indemnification and contribution against the third-party because ...

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

Where an action in Texas against two Virginia companies resulted in an award of damages against only one of the defendants and a receiver for one of the plaintiffs demanded payment from the other defendant based on a litigation cost ...

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