Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

Tagged with: Evidence Judge Robert E. Payne U.S. District Court - Eastern District

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

Tagged with: Evidence Judge Robert E. Payne U.S. District Court - Eastern District

A warrant to search a vehicle was supported by probable cause, based on facts in the affidavit that a confidential witness observed child pornography on the owner’s laptop computer and that, based on the swearing officer’s experience, people who collect ...

Tagged with: Judge Robert E. Payne Search & Seizure U.S. District Court - Eastern District

Given evidence that two prison doctors failed to address the plaintiff’s need for approved stoma reversal surgery, summary judgment in their favor on a federal prisoner’s Eighth Amendment claims was not merited. The plaintiff was appointed counsel as to claims ...

Tagged with: Constitutional Judge Robert E. Payne U.S. District Court - Eastern District

Rejecting the reasoning in unpublished 4th Circuit decisions on the question, the court held that under Sentencing Guidelines § 4A1.2, a defendant’s criminal history category calculation did not include petty offenses for which active imprisonment was less than 30 days, ...

Tagged with: Judge Robert E. Payne Sentencing U.S. District Court - Eastern District

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

Tagged with: Business Law Civil Procedure Discovery Judge Robert E. Payne U.S. District Court - Eastern District

In a suit alleging usurious loans, two online-lending companies created by Chippewa tribal leaders failed to prove by a preponderance of the evidence that they were entitled to sovereign immunity as arms of the tribe. Background The Lac Vieux Desert ...

Tagged with: Consumer Protection Corporate Judge Robert E. Payne U.S. District Court - Eastern District

A plaintiff who said he contacted Dish merely to comparison shop for TV plans sufficiently alleged a consumer-protection claim against the company, arising from an inquiry that appeared on his credit report that the company failed to have removed. Background ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Two Virginia federal judges are wrestling with the status of unlicensed advocates in special education cases, an issue that has raised concerns for school representatives and the Virginia State Bar. One judge declared that a lay advocate is not entitled ...

Tagged with: Judge L. Neil Steverson Judge Robert E. Payne U.S. District Court - Eastern District

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge David A. Oblon Judge Henry Coke Morgan Jr. Judge John A. Gibney Jr. Judge Norman K. Moon Judge Robert E. Payne Judge Roger L. Gregory Judge William G. Petty