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 plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

Tagged with: Banking Contract Judge M. Hannah Lauck Mortgage Real Estate Real Property U.S. District Court - Eastern District

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

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

Although the plaintiff’s choice of venue would ordinarily be entitled to great weight, several factors tipped the balance in favor of transfer to California, including the location of the defendant company’s headquarters, the location of key witnesses, and the small ...

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

A manufacturer stated a claim for defamation against the project-management company for whom it had provided turbines, based on oblique comments about “quality control” made by the company’s CEO on its shareholder earnings call. Background In this action, Plaintiff Fluor ...

Tagged with: Business Law Contract Judge M. Hannah Lauck Personal Injury Tort U.S. District Court - Eastern District

A man who was pronounced dead after a seizure he suffered while awaiting trial at the Richmond City Justice Center has, through his estate, presented sufficient evidence of medical staff’s deliberate indifference to his serious medical needs, as well as ...

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

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not ...

Tagged with: Administrative Constitutional Criminal Due Process Immigration Judge M. Hannah Lauck U.S. District Court - Eastern District

In an age discrimination suit, the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field was stricken. Background Plaintiff Angela Georges has sued Defendant Dominion Payroll Services for terminating her ...

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

In an age discrimination suit, a federal court struck the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field, but no reliable principles or methods cited. Background Plaintiff Angela Georges ...

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