A drug-trafficking defendant’s conversation with police officers was custodial when police repeatedly implied that they would arrest him that day if he didn’t become an informant, causing him to lose his job. Because these threats constituted a custodial interrogation without ...

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

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

Tagged with: Business Civil Procedure Evidence Judge Robert E. Payne U.S. District Court - Eastern District

Items recovered from a trash can associated with the defendant’s home — including plastic bags containing cocaine residue and Google directions listing his home as the starting address — sufficiently supported probable cause for a warrant to search his residence. ...

Tagged with: Constitutional Criminal Judge Robert E. Payne Search & Seizure U.S. District Court - Eastern District

A Richmond federal jury awarded $37.8 million dollars to a former truck driver injured in a devastating crash of a concrete mixer truck, one of the highest personal injury jury verdicts ever in Virginia. There was no punitive damages component ...

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

Plaintiff Robert Benedict sues Hankook Tire Company for the production and distribution of an allegedly defective tire. Benedict seeks summary judgment as to the Defendants’ affirmative defense of contributory negligence. Expert opinions lacking The standard of care applicable in this case is ...

Tagged with: Evidence Judge Robert E. Payne Negligence Personal Injury Products Liability Tort U.S. District Court - Eastern District

The court set aside entry of default against a defendant, where its failure to file a timely response appeared to be due to its attorney’s efforts to reach settlement and where its movement to correct the delay was expeditious and ...

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

Several genuine disputes prevented summary judgment in a door manufacturer’s antitrust suit against the company that provided its manufacturing equipment. Background Plaintiff Steves and Sons Inc. and Defendant Jeld-Wen are both participants in the U.S. interior molded doorskin market. Doorskins ...

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

A Richmond federal jury returned verdicts this month totaling $58.6 million for a door manufacturer that claimed it was getting unfairly squeezed by a supplier. The jury found that Oregon-based JELD-WEN violated both antitrust law and a supply contract when ...

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

The court largely dismissed with prejudice the claims of two former homeowners seeking rescission of the foreclosure sale of their property, finding that their legal theories were not viable. However, the court granted the plaintiffs leave to amend as to ...

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

In this Fair Credit Reporting Act class action, the court concluded that it could consider a spreadsheet created by Defendant GEICO containing information it received from the credit reporting agency it used to conduct background checks on job applicants. GEICO’s ...

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