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Judge Robert G. Doumar

Jan 18, 2022

Hospital escapes ADA damages claim

Where a patient alleged a hospital violated the Americans with Disabilities Act, or ADA, by failing to provide adequate handicap shower facilities, his claim was dismissed because he sought damages, and the statutory subsection provides only injunctive relief. Background This cause of action arises from an accident that occurred during a hospital stay beginning on […]

Jan 3, 2022

Venue change motion granted in overtime suit

Where a company sued for alleged overtime violations is in the Alexandria division, the majority of the relevant witnesses were found in that division and a related suit is pending there, the suit will be transferred to Alexandria. Background The instant case is the result of Lori Jenkins’ dismissal from a separately pending Fair Labor […]

Jun 28, 2021

Untimely expert report dooms negligence suit

Where a woman suing for medical malpractice arising out of surgery to fix an abdominal hernia failed to file an expert report by the deadline, and then provided a late expert report that was deficient, her motion to permit a late expert disclosure was denied. The doctor was granted summary judgment because the patient could […]

Nov 20, 2020

Prior convictions of similar conduct are admissible

Prior convictions for fraud, embezzlement and misdemeanor use of identifying information were admissible in the trial of a woman charged with wire and bank fraud and the preparation of false tax returns because both involve her untruthfulness for personal gain. The convictions were also relevant and necessary to establish her motive, intent, knowledge, identity and […]

Nov 20, 2020

Wire fraud counts won’t be dismissed

Where a defendant argued for dismissal of five counts of wire fraud because the superseding indictment did not plead the target of the scheme was a financial institution, her motion was denied. The indictment charged only general wire fraud, which did not require a financial institution to be impacted. Background Defendant was named in a […]

Sep 28, 2020

Clown’s actions toward Busch Gardens visitor not assault

Where a clown at a Halloween event at Busch Gardens allegedly approached the plaintiff from behind, whispered something in her ear and then yelled out and startled her, that conduct did not support a claim for assault because it did not constitute an actual threat, harmful or offensive contact or apprehension of an immediate battery. […]

Aug 10, 2020

Transfer of patent inventor suit to California denied

Where the parties’ relationship in a patent inventorship dispute was centered on conduct and activities in Taiwan and China, and where specific jurisdiction was lacking, the motion to transfer the dispute to the Northern District of California was denied. Background Plaintiff and counterclaim-defendant Appotronics Corporation Ltd. is a Chinese corporation with its registered place of […]

Jul 9, 2020

Legislative history supports ricin possession conviction

The defendant argued her conviction for possession of ricin must be set aside because this conduct was not criminalized at the time of the possession. The court, relying upon legislative history, found the unregistered possession of ricin was unlawful at the time she possessed it. Background Debbie Siers-Hill filed a motion to vacate, set aside […]

Jun 11, 2020

Conduct of jail’s health care provider belies indifference

Where a health care provider at the Hampton Roads Regional Jail provided medical treatment to the inmate, its conduct contradicted the inmate’s claims of deliberate indifference to his foot wound. In addition, because there was no underlying constitutional violation, there could be no supervisory liability or official policy or custom claim. Background Eugene Dewitt Costine, […]

Mar 8, 2020

Former inmate’s malpractice claims trimmed

A former inmate who alleges that negligent medical care resulted in the amputation of his left foot waited too long to sue the health care provider for medical malpractice. His counts for punitive damages, a jury demand and a prayer for relief were also stricken as they are not independent causes of action under Virginia […]

Feb 17, 2020

Assault in aid of racketeering constitutes crime of violence

Where the statute criminalizing assault with a dangerous weapon in aid of racketeering activity “heightens” the common law assault definition by additionally requiring the use of a dangerous weapon, that combination satisfies the “crime of violence” definition under the § 924(c)(3)(A) force clause. As a result, the defendant’s conviction for murder remains valid. Background Petitioner [[...]

Feb 16, 2020

Award affirmed despite multiple attacks by losing parties

Plaintiffs who did not prevail against a brokerage in an arbitration conducted by the Financial Industry Regulatory Authority Inc., or FINRA, attacked the award claiming fraud; that the arbitrators were impartial, committed misconduct, exceeded their powers or disregarded the law; and the award of attorneys’ fees was unreasonable. Background This consolidated action has been stayed […]

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