A tribal entity officer could not quash a subpoena to testify about his employment before he began working for the tribal entity, even if the prior employment was related to his current position. Background Plaintiff Lula Williams filed a complaint ...

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

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 ...

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

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 ...

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

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 ...

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

A woman who challenged the removal of her $400,000 slip and fall case against Food Lion from state court attempted to reduce damages to $74,000 if the case was remanded. But the court found her case met the standards for ...

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

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. ...

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

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 ...

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

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. ...

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

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 ...

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

The government cannot introduce evidence against a man charged with sex trafficking and child pornography regarding his alleged sexual abuse of a minor. Background By a superseding indictment filed on Dec. 19, 2017, Richard Todd Haas was charged with four ...

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