Where an agreement contained a provision that required one party to submit all claims over $1,000 to arbitration but allowed the other party to pursue certain claims in court, and gave the arbitrator right to what disputes should go to ...

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

A student who was significantly injured during gym class while playing a game that had previously injured students could not sue the school board for violating his right to bodily integrity because the school did not have a sufficiently special ...

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

Jaguar’s patent for a terrain response technology that electronically controlled various vehicle subsystems to optimize a vehicle’s performance on different types of terrain was valid because the patent claims were not directed at an abstract concept and, if even if ...

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

A defendant who was already ordered to disgorge funds as a result of a civil action brought by the Securities and Exchange Commission can still be criminally charged for some of the same conduct because the disgorgement penalty was not ...

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

A defendant charged with conspiracy to defraud numerous individuals by pitching investment opportunities in various business entities was unable to subpoena documents from two business entities because he failed to demonstrate that the requested documents would be admissible, could not ...

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

A Virginia-based company cannot sue its New York-based advertising agency in Virginia because the agency did not have sufficient contacts with Virginia to be subject to personal jurisdiction here. Background New Venture Holdings LLC is a Virginia corporation and operates ...

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

A Mexican citizen indicted for reentry of a previously deported alien cannot have his indictment dismissed on the basis that the prior removal notice was defective. Although the notice did not identify the date and time of the removal hearing, ...

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

The plaintiff alleged her employer failed to pay her overtime. Although the defendant then tendered an amount it believed would fully compensate the plaintiff for the unpaid overtime, the court held this tender did not moot the case because the ...

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

Where a plaintiff was injured on a defendant’s property while performing work that did not provide any special benefit to the defendant, the plaintiff could not sue the defendant on the ground that he was an invitee at the time ...

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

The owner of two high pressure natural gas pipelines was granted an injunction prohibiting construction of an asphalt roadway over the pipelines after establishing that without mitigation measures, the construction would cause harm to its right to safely maintain the ...

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