Where a company alleged that Lockheed Martin and other defendants conspired to “cut it out” as the broker for a large, complex international military procurement transaction, but the court lacked subject matter jurisdiction over the tort claims, and the antitrust ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Tort

Where unlawful wounding proscribed by Virginia Code § 18.2-51 meets the criteria for a crime of violence, and where Virginia murder’s requirement of extreme recklessness satisfies the mens rea of a “crime of violence,” the defendant’s contrary arguments were rejected. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Where the plaintiff previously appealed the dismissal of her claims against one defendant but did not appeal the dismissal of her claims against the two remaining defendants, this court reversed the dismissal of the claims against the first defendant, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Paul V. Niemeyer

Where a tenant argued a landlord received an improper windfall because it was awarded both late fees and interest for a breach, thus leaving it in a better position than if there had not been a breach, that argument was ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where the government removed a healthcare provider from a program because it was not complying with government guidelines, but then reinstated the provider after it filed suit, the provider’s suit was not moot. The provider still sought a declaratory judgment ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Paul V. Niemeyer

Where a Singaporean arbitration award was entered against the defendant for $1.55 million, plus legal fees and arbitration costs, his subject matter jurisdiction, personal jurisdiction and merits attacks on that award were rejected. Background Following a dispute over an agreement ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Paul V. Niemeyer

Where a pharmaceutical company sought discovery from a competitor for use in their foreign patent litigation, its request under 28 U.S.C § 1782 was denied. The competitor company was not “found” in the district where the application was filed because ...

Tagged with: 4th U.S. Circuit Court of Appeals Evidence Judge Paul V. Niemeyer

Where the Bankruptcy Code provides that small business debtors are not entitled to discharge certain categories of debt, including debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” a debtor ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Paul V. Niemeyer

Where a reasonable person would conclude a consultant was entitled to compensation after he fully performed under the parties’ contract, the court did not err in awarding damages using unjust enrichment principles. Background In connection with two undeveloped parcels of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where a plaintiff failed to serve defendants within the 90-day period required by Fed. R. Civ. P. 4(m), the rule gives district courts discretion to grant an extension even without a showing of good cause. Background The plaintiffs served process ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Paul V. Niemeyer