Where borrowers alleged that Wells Fargo filed false and unauthorized forbearance notices in Chapter 13 bankruptcy cases as part of its response to the COVID-19 pandemic and the Coronavirus Aid, Relief, and Economic Security, or CARES, Act, but alleged no ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

Where borrowers asserted a civil RICO claim against Wells Fargo based upon its alleged filing of false and unauthorized forbearance notices in Chapter 13 bankruptcy cases, the adversary proceeding was withdrawn from the bankruptcy court because the novel RICO claim ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Where the defendant’s CEO allegedly promised in July 2020 to satisfy all past due invoices (back to December 2017), Va. Code § 8.01-229(G) operated to restart the statute of limitations. Background According to the first amended complaint, Kiss Technologies Inc. ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where the prime contractor on an Army construction project alleged it was required to assume the subcontractor’s work in an effort to mitigate its current and future subcontract breaches, and that it was required to make over $9 million in ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where a patent holder failed to allege facts sufficient to support a plausible claim that the defendant knowingly induced others to infringe the plaintiff’s patents, or that defendant acted with the specific intent to do so, an indirect infringement claim ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where a former bank employee alleged she was the victim of continuous animus and retaliatory conduct after she complained that another employee’s termination was “not right,” and that the differing treatment culminated in her termination, she plausibly alleged a claim ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where a prison official allegedly assigned a detainee to a cell shared by a violent gang member, even though the detainee asked to be housed with a cellmate who is not affiliated with a gang, that determination, by itself, didn’t ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

Despite pressure for reform in both the state Capitol and a federal courtroom, Virginia’s steadily rising medical malpractice cap remains unaltered. A proposal to create an exception for cases of severe injury foundered Feb. 7 when veteran state legislators refused ...

Tagged with: Judge Michael F. Urbanski Medical Malpractice U.S. District Court - Western District

Where a correctional institution’s policy prohibited a detainee’s email recipients from forwarding messages, and his emails were allegedly censored because of their content, he plausibly asserted a violation of his First Amendment rights. Background Askari Dansa M. S. Lumumba alleges ...

Tagged with: Constitutional Judge Michael F. Urbanski U.S. District Court - Western District

Where a large health system sought recovery for business losses caused by the COVID-19 pandemic, its claim was properly denied because the losses were not “direct physical loss of or damage” and the policy unambiguously excludes coverage caused by virus ...

Tagged with: Insurance Judge Michael F. Urbanski U.S. District Court - Western District