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

The plaintiffs were not entitled to insurance coverage because the relevant agreements only provided coverage if the plaintiffs were sued for conduct of another company. Because these plaintiffs are not being sued for the conduct of that other company, and ...

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

The manager of a Virginia Beach strip club who claims he was badly injured in a brawl with two unruly customers will get a chance to establish insurance coverage for his claim in federal court. U.S. District Judge M. Hannah ...

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

The intervenor, who is suing his former employer for bodily injury allegedly suffered while he was working as a manager at a night club, can intervene in a declaratory judgment action between the insurance carrier and nightclub owner over whether ...

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

Military contractors failed to establish the suit brought for injuries allegedly suffered by a civilian instructor in Iraq was within the federal officer removal statute. Background Eddie Legston brings this personal injury action against defendants for damages he sustained while ...

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

A man whose asylum application had yet to be heard when he pleaded guilty to felony transportation of untaxed cigarettes, argued that his indictment for receiving a gun while under indictment violated his Second Amendment rights. But the court found ...

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

In a dispute where a charitable foundation that operates patient assistance programs challenges an advisory opinion from the Department of Health and Human Services, the court said that although the Administrative Procedure Act limits a court’s discretion to grant discovery ...

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

The plaintiffs plausibly alleged the defendants’ enterprise fell within the scope of the Fair Labor Standards Act and that each of the plaintiffs had an employer-employee relationship with defendants. The court also held an FLSA retaliation claim was plausible, based ...

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

The court found that the amended complaint brought by a woman whose suit alleging discrimination on the basis of race was dismissed without prejudice, failed to cure the deficiencies in the original complaint. While she may have been the most ...

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

Because the Eastern District of Virginia has previously recognized a cause of action for breach of fiduciary duty against a substitute trustee, the defendant was not fraudulently joined in the lawsuit. In addition, the defendant could not establish subject matter ...

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