Where one motion to dismiss was granted after the plaintiff offered no opposition, he did not respond to a second motion to dismiss and failed to timely serve additional defendants, his counsel’s “slothful inattention” led the court to deny further ...

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

Where a defendant experienced an “uncommonly lengthy” delay in his trial that made it harder to communicate with his attorneys and resulted in his heightened anxiety and concern due to the COVID-19 pandemic, he could not show that his case ...

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

Where a former employee of the Virginia Department of Corrections, or DOC, alleged the DOC’s random drug testing policy violated the Fourth Amendment, and DOC officials argued their actions were protected by qualified immunity, additional briefing was ordered on the ...

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

Where the police stopped the defendant believing him to be another man for whom a warrant was outstanding, but the stop was based on a “hunch” and there was no objectionable reasonable basis for it, drugs found on the defendant ...

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

Each of the defendant’s objections to jurisdictional discovery was rejected, including its patently improper general objections, overbreadth arguments that were inadequately supported, assertions the court erred in allowing the discovery in the first place and claims of privilege without a ...

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

After protracted payday lending litigation with uncertain outcomes and extended settlement negotiations, the settlements were found to be fair and adequate and the attorneys’ fees award of $2,871,000 was approved. However, an award of $5,000 to each plaintiff was refused; ...

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

Allegations that a health care provider concealed certain “surcharges” until after emergency room services were rendered were insufficient to state a fraud claim because there was no allegation or assertion that the provider knew the plaintiff was acting on the ...

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

Allegations the Richmond Metropolitan Transportation Authority, or RMTA, breached a contract to purchase a toll system, as well as a breach of counterclaim by the RMTA, will both be heard by a jury because of disputed issues over who breached ...

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

A school superintendent’s allegedly defamatory statements to the public about a cheating scandal at an elementary school were not protected by the “common interest” privilege. There were no cases holding the qualified privilege can apply between a supervisor and the ...

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

Several of the court’s factual findings in its sovereign immunity ruling, that were relied upon by the Fourth Circuit in finding two of the defendants in a “Rent A Tribe” scheme were entitled to sovereign immunity, were shown to be ...

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