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Tag Archives: Judge Robert E. Payne

Defendant’s medical condition won’t overcome choice of venue (access required)

Although a medical condition made it difficult for the defendant to travel to the plaintiff’s chosen venue, she was not entitled to transfer the action because the plaintiff had a strong interest in keeping the action in the venue of ...

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New sentencing ordered on money-laundering convictions (access required)

Where a defendant was denied the effective assistance of counsel because his counsel failed to allege that his money laundering convictions presented a merger problem on appeal, the appropriate remedy was to vacate the defendant’s convictions for money laundering and ...

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State law claims on credit reporting not removable (access required)

Plaintiffs’ state law claims against Wells Fargo related to credit reporting were not removable to federal court because the Fair Credit Reporting Act does not preempt all claims related to credit reporting. Background Justin and Monica Newcomer filed this action ...

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Arbitrators exhibited ‘manifest disregard of the law’ (access required)

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

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Post-trial dispute in doorskin case resolved (access required)

Following the jury trial in a dispute between a doorskin manufacturer and purchaser, there continued to be disputes between the parties over the terms of their supply agreement, requiring the court to issue declaratory relief. Background This matter is before ...

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Prior convictions fell within definition of ‘controlled substances’ (access required)

The court rejected defendant’s objection to his sentence, finding prior Virginia convictions for possessing heroin with intent to distribute fell within the definition of crimes involving “controlled substances,” thus implicating the career-offender provision of the sentencing guidelines. Background Timothy A. ...

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In trade secret case, party gets royalties, not injunction (access required)

The court refused to enter a permanent injunction, despite the jury’s finding that eight trade secrets were misappropriated, because the moving party argued to the jury that a reasonable royalty would adequately compensate it for the theft, and the jury ...

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