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Judge Norman K. Moon

Nov 20, 2019

Prevailing plaintiff awarded almost $1 million in fees, costs

Where a former employee of the Virginia Department of Motor Vehicles sought over $1.8 million in fees and costs, the magistrate judge reduced the amount to approximately $938,000. The parties then reached a settlement on the amount of fees, costs and interest. . Background David L. Stultz filed this action in 2013 related to grievances involving […]

Nov 20, 2019

Class certified for Fair Labor Standards Act suit against restaurant

Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are current and former employees of Macado’s restaurants, brought this action under the Fair Labor Standards [&h[...]

Nov 20, 2019

Jurisdiction question sent to Fourth Circuit

Where a court concluded it had jurisdiction over alleged “alt-right” journalists and publishers sued for defamation in connection with articles about the “Unite the Right” rally, that court has certified portions of its decision for immediate review by the Fourth Circuit. Background Brennan M. Gilmore brought this diversity action against several “alt-right” journalists and online [&he[...]

Nov 20, 2019

‘Unite the Right’ defendants denied bond pending appeal

Where three individuals who pleaded guilty to conspiracy for their roles in the “Unite the Right” rally in Charlottesville did not demonstrate they would not pose a danger to others upon release, their motion seeking release on bond pending appeal was denied. Background This matter is before the court upon defendants Benjamin Drake Daley, Michael […]

Nov 15, 2019

No coverage for doc who brandished gun at clinic

A pain management physician who showed up with a gun outside his former Albemarle County office does not have insurance coverage for two tort actions filed by colleagues allegedly traumatized by the incident, a judge has ruled. The colleagues are seeking millions in damages claiming the gun incident was the culmination of threatening behavior after […]

Sep 23, 2019

Online lender sued for using alleged autodialer

Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify about documents he did not review. Background The Telephone Consumer Protection Act, or TCPA, forbids […[...]

Aug 23, 2019

Trustee’s lack of due diligence caused stock overpayment

A trustee’s unjustified reliance on a stock valuation and its failure to conduct sufficient due diligence resulted in an Employee Stock Ownership Plan paying well over fair market value to purchase shares in the company that were owned by the company’s founder, and the trustee as well as the company founder were jointly and severally […]

Aug 12, 2019

Unserved defendant destroys diversity jurisdiction

Because one of the defendants is alleged to be a resident of Virginia, as is the plaintiff, the case could not be removed to federal court on the basis of diversity jurisdiction, even if the Virginia defendant has not yet been served. As a result, the court remanded the personal injury suit to state court. […]

Aug 12, 2019

Defendant fails to show prior removal order was fundamentally unfair

The defendant failed to demonstrate any violation of his due process rights during the prior expedited removal hearing. As a result, the court rejected his collateral attack on the indictment. Background Defendant is a citizen of El Salvador who entered the United States on March 16, 2016. Immigration officials detained him shortly after crossing the […]

Aug 12, 2019

Court stays case until next General Assembly session

A lawsuit challenging the constitutionality of a Virginia statute that automatically suspends drivers’ licenses for failure to pay state court fines and costs was stayed to allow the General Assembly an opportunity to repeal the statute. Background Before the court is Virginia Department of Motor Vehicles Commissioner Richard D. Holcomb’s motion to dismiss the case […]

Aug 12, 2019

Filing second action against defendants was not vexatious

Where plaintiffs voluntarily discontinued their first action against defendants just two months before trial because the attorney that replaced their initial counsel did not have sufficient time to prepare and shortly thereafter filed a nearly identical action against the same defendants,  the defendants were entitled to costs associated with the first action but were not […]

Aug 12, 2019

Policy unambiguously excluded coverage for advertising injuries

An insurance company was not required to defend and indemnify its insured in a trademark and trade dress infringement lawsuit because the insurance policy included a provision excluding coverage for such lawsuits that was unambiguous and explicitly superseded any provisions to the contrary. Background From 2014 to 2017, Hanover Insurance Co. insured Castle Hill Studios […]

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