Where it was alleged by a deceased inmate’s administrator that jail and medical personnel ignored information suggesting the inmate had a serious opioid heroin addiction, suffered from withdrawal symptoms and needed immediate medical treatment, and that their deliberate indifference led ...

Tagged with: Judge Mark Davis Negligence U.S. District Court - Eastern District

Where a COVID-19 outbreak at a jail delayed defendant’s review of pre-trial discovery provided by the government, and only a limited number of courtrooms were  appropriate for a jury trial, a continuance was necessary in the “interests of justice” due ...

Tagged with: Criminal Judge Mark Davis U.S. District Court - Eastern District

A plaintiff’s Fair Credit Reporting Act claims against the credit reporting company Experian failed to include sufficient factual allegations to make them plausible, or were implausible in light of the factual allegations in the complaint. Background On Nov. 11, 2019, ...

Tagged with: Consumer Protection Judge Mark Davis U.S. District Court - Eastern District

A policyholder could not allege its insurer was liable for professional malpractice through the actions of defense counsel because that claim is not recognized under Virginia law. To the extent the policyholder alleged the carrier was negligent, because that claim ...

Tagged with: Insurance Judge Mark Davis U.S. District Court - Eastern District

Following a Markman hearing, 18 disputed terms in a patent challenge involving medical devices intended primarily for use in spinal surgery were construed, with the majority of terms given their plain and ordinary meaning. Background At issue in this case ...

Tagged with: Intellectual Property Judge Mark Davis U.S. District Court - Eastern District

A lawsuit brought by a former prisoner who was repeatedly sexually assaulted by a guard at the Virginia Peninsula Regional Jail is not time-barred, sufficiently states a claim under § 1983 against the jail owner and was not barred by ...

Tagged with: Civil Rights Judge Mark Davis U.S. District Court - Eastern District

A 2016 amendment to the credit card agreement meant the court, and not an arbitrator, would decide whether a former cardholder’s claims are arbitrable. Where the cardholder had not opted out of arbitration, equitable estoppel did not apply and discovery ...

Tagged with: Arbitration Judge Mark Davis U.S. District Court - Eastern District

Where the policyholder failed to establish Travelers owed it a duty independent of any alleged contractual duty, and simply pointed to the general duty under Virginia law to not commit actual, willful fraud, its constructive fraud claim was dismissed. Background ...

Tagged with: Insurance Judge Mark Davis U.S. District Court - Eastern District

Where CSX Transportation, which joined with other rail companies to form a terminal switching railroad that operates in the Hampton Roads area, sued the other companies for antitrust and other torts, its pleadings were sufficient to survive a motion to ...

Tagged with: Commercial Judge Mark Davis U.S. District Court - Eastern District

Where necessary and effective medical treatment was a right clearly established in the law, the complaint plausibly alleged there was “no medical reason” to withhold treatment;  nor was there grounds for dismissal based on qualified immunity. Background Plaintiff’s complaint, filed ...

Tagged with: Civil Rights Judge Mark Davis U.S. District Court - Eastern District