Where the defendant was arrested while he was a guest in another person’s house, and the marshals did not have a warrant to search that house, briefing was ordered on whether he had a reasonable expectation of privacy in the ...

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

A company that twice filed complaints asserting patent infringement and related claims based on its beverage dispending system couldn’t dodge a motion to dismiss by arguing it needed discovery. Its complaint, meanwhile, included only conclusory allegations and was dismissed. Background ...

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

An employee’s claims of intentional infliction of emotional distress, negligent infliction of emotional distress and negligent hiring and retention arising out of injuries allegedly suffered when he was assaulted by a co-worker, were precluded by the Virginia Workers’ Compensation Act ...

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

Despite the defendant’s violation of a court order requiring it to provide access to books and records bearing on its financial condition, and the plaintiff’s improper public filing of sensitive login information, neither side was entitled to sanctions. Instead, the ...

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

Where a counterclaim was compulsory in that it arose out of the same transaction or occurrence, and it was not timely asserted, good cause existed to allow its untimely filing. The opposing party was aware of the counterclaim, discovery was ...

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

Where the indemnity agreement obligated the defendant to satisfy the insurer’s “losses, costs, damages, attorneys’ fees and expenses,” the insurer was awarded over $3.3 million, after deductions for unreasonable and inconsistent redactions in its invoices. Background On July 3, 2020, ...

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

Where a railroad company defending a conductor’s claims that he was injured on the job filed a motion for interlocutory appeal, there was no showing of a substantial ground for difference of opinion over whether the rail car was “in ...

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

Although an individual who was struck by a vehicle in the parking lot of a Sam’s East did not disclose his traffic flow and parking lot design expert by the court’s deadline, the disclosure was not unduly prejudicial because Sam’s ...

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

The defendant was entitled to know the identity of the confidential informant who witnessed three controlled drug buys. Although the government argued an undercover officer could corroborate the buys and that it had audio and video of the transactions, these ...

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

A former employee’s factual allegations that he was subjected to differing conduct and comments that were tied to his gender-nonconforming behavior and sexual orientation were sufficient to defeat an association’s motion to dismiss those claims. Background This matter is before ...

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