Judge Robert E. Payne

Jul 13, 2011

Royalty ‘Expert’ Opinion Excluded in Patent Case

In this litigation involving patents-in-suit relating to electronic sourcing systems, which allow prospective buyers to locate items to buy from multiple electronic catalogs, a Richmond U.S. District Court grants defendant’s motion to exclude plaintiff’s expert in support of its claim for reasonable royalties. To prove damages, ePlus proffered the testimony of Dr. Russell W. Mangum […]

Jul 13, 2011

Court Can Decide Telecom Contract Case

In this contract dispute among several telecommunications carriers over fees that defendant carriers have agreed to pay plaintiff carriers for the use of plaintiff’s local telephone network facilities, a Richmond U.S. District Court sustains objections to a magistrate judge’s report and denies defendant’s motion to dismiss for lack of jurisdiction and failure to exhaust administrative [&hell[...]

Jul 13, 2011

Lender Wins Claim for Loan Insurance Payment

In a mortgage lender’s suit against an insurance company that declined to cover losses on certain kinds of mortgage loans, a Richmond U.S. District Court grants partial summary judgment to the lender on its claim that defendant insurance company breached the insurance policy by denying claims on loans it had agreed to insure. Defendant AIG […]

May 18, 2011

Nightclub Owner’s Suppression Motion Denied

The owner of “Club Velvet,” a Richmond “gentleman’s club” under state and federal investigation for drug activities, liquor law violations and illegal nude lap dancing, cannot suppress evidence seized pursuant to a warrant issued by a state court, on a claim that the state warrant was subject to Fed. R. Crim. P. 41; the Richmond […]

May 10, 2011

Sanctions Denied for Destroyed Email

In DuPont’s lawsuit against a Korean competitor who hired a former DuPont employee and allegedly used DuPont’s confidential information and trade secrets to improve the competitor’s process for producing aramid fiber, a Richmond U.S. District Court denies the competitor’s motion for sanctions for DuPont’s alleged spoliation of evidence by deletion of email accounts and documents [&hellip[...]

May 10, 2011

Lender Loses Challenge to Insurance Premium Structure

A plaintiff mortgage lender “gambled and lost” when it entered into a Master Policy with defendant insurance carrier and negotiated a premium structure that made the lender’s renewal premiums a direct function of the number of defaults in the insured loan pools, which went way up during the economic downturn; although this arrangement left the […]

May 5, 2011

$212M awarded in Botox case

A Vietnam veteran who received a series of Botox injections to treat his writer’s tremor won a $212 million jury verdict against Botox manufacturer Allergan Inc. last month in Richmond federal court. Best known for its cosmetic use to smooth the faces of actors and socialites, Botox also can relieve symptoms of muscle tension and […]

Apr 29, 2011

Pitfalls for corporate, outside counsel shown

Imagine that you’re corporate counsel, and you’re preparing for a huge case. You learn – from opposing counsel – that one of your key witnesses may have altered two emails to enhance your case. Is eliminating those emails from the case enough, or do you have to pull out all stops to check the veracity […]

Apr 19, 2011

No ‘Jurisdictional Amount’ for Overpay Refund Claim

A company suing a former employee who continued to receive a salary after he resigned cannot meet the threshold $75,000 jurisdictional amount to sue the employee for a refund in federal court; a Richmond U.S. District Court says even adding the value of certain employee benefits, it still appears to a “legal certainty” that the […]

Apr 15, 2011

Probationer’s Involuntary Medication Ordered

The government’s request to forcibly medicate a psychotic probationer facing a revocation hearing for his supervised release status is evaluated under the same standard used for incarcerated prisoners with a mental illness, and a Richmond U.S. District Court denies his objection to forcible medication. Defendant asserts the court must review de novo the decision ordering […]

Apr 13, 2011

Fees, Not Dismissal, Are Sanctions for Phony Email

In-house lawyers and outside counsel for a mortgage company both say “no harm, no foul,” from their response to learning a company employee had altered email in a way that supported the company’s demand for insurance coverage for certain loan losses, but a Richmond U.S. District Court sees “willful blindness” of in-house counsel and senior […]

Apr 7, 2011

Court Certifies Class in Fair Credit Suit

A Richmond U.S. District Court certifies a class in a suit alleging defendant Equifax violated the Fair Credit Reporting Act by failing to update consumers’ credit reports, including plaintiff’s own report that failed to record that an uncontested judgment against plaintiff had been set aside and dismissed. In its credit reports, Equifax reports whether individuals […]

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