A Richmond federal judge has lamented a “cottage industry” of unregulated and unlicensed advocates allowed to represent parents in legal battles with school systems over special education services. Sanctioning a Richmond advocate for false statements in court, U.S. District Judge ...

Tagged with: Judge Robert E. Payne Lay Advocates

Where policyholders alleged their life insurer provided only “half-truths” in order to persuade the plaintiffs to keep their policies, when they would not have done so otherwise, the court denied the insurer’s motion to dismiss the fraud and unfair trade ...

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

Where the police did not impermissibly extend their interaction with the defendant who consented to the search of his vehicle, and the evidence of a firearm and drugs would inevitably have been discovered by police, the defendant’s motion to suppress ...

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

The court explained that the disbarred attorney’s use of the term “JD,” and the related reference to “SLC Associates” as a firm, could be construed as practicing law without a license. Background This case is an appeal of a due ...

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

Where the facts showed the police officer included “false” statements in her criminal complaint, and omitted other evidence relevant to the case, the court held the officer was not entitled to qualified immunity in a civil rights lawsuit alleging malicious  ...

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

Where a Virginia jury resolved certain antitrust and breach of contract claims between the parties and one party subsequently filed a similar action in Texas, an injunction was issued to protect and effectuate the Virginia action. Background In 2016, Steves ...

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

Although the plaintiff alleged the knee replacement manufacturer committed gross and ordinary negligence, breached express and implied warranties and should be held strictly liable for design defects, the claims were either preempted by federal law or failed to state a ...

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

Where the judge’s comments about the defendant were in direct response to the defendant’s conduct, they did not reflect a wrongful or inappropriate prejudice. Background Walter Graves is charged in a one-count indictment with a bank robbery that occurred on ...

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

Defendants sued by Dinwiddie County for their alleged role in the opioid epidemic will have to litigate in the Circuit Court of Dinwiddie County after the federal court held it lacked jurisdiction over the removed case. Background Dinwiddie County filed ...

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

A modest recovery in a wide-ranging gender discrimination suit against the Richmond-based law firm of LeClairRyan became even more modest last month when a federal judge nixed a $135,630.30 fee enhancement for the plaintiff’s lawyers. U.S. District Judge Robert E. ...

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