Judge Robert G. Doumar

Sep 23, 2018

Factual record did not support guilty plea

Pino pleaded guilty to making a false statement in connection with the purchase of a firearm. The court vacated the guilty plea, however, because the factual record did not support it since Pino had not made a false statement. Background On Jan. 26, 2018, Pino was named in a one-count criminal information, charging him with […]

Sep 7, 2018

Drugs in car supported arrest of passenger

Officers had probable cause to stop a vehicle for speeding and excessive window tinting. Upon smelling marijuana before even making contact with the driver, they lawfully searched the car and detained its passenger. Drugs found behind the passenger’s seat supported his arrest along with the driver. Background In February 2018, the Norfolk Police Department’s Interdiction […]

Jun 8, 2018

Bon Mots: May 2018 Edition

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take an opportunity to remind us of the law’s great written tradition, whether by powerful rhetoric[...]

May 29, 2018

EDVA: Fees awarded in Va. Beach neighborhood suit

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel “worked together” with the City of Virginia Beach to create a special taxation district for […]

Oct 23, 2017

Civil Practice – Motion to Dismiss – Defamation – Tortious Interference

McCray v. Infused Solutions LLC (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant subcontracting staffing agency, was terminated after a 90-day reprimand notice containing false information was sent to the agency, the plaintiff stated claims for defamation and […]

Sep 28, 2017

Estate – Foreclosure – Motion for Preliminary Injunction – Standing

The Estate of Martha Dawson, et al., v. Ditech Financial, LLC, et al. (VLW 017-3-425, 7pp.) (Robert G. Doumar, S.J.) 4:17-cv-93; E.D.V. Holding: The Real Estate Settlement Procedures Act, as well as the express terms of the deceased’s property deed of trust, preclude plaintiff-daughter from having standing to enjoin the property’s foreclosure sale and recover […]

Mar 29, 2017

No Ch. 13 Discharge for Home Loan Default

A chapter 13 debtor who failed to make ongoing direct payments to the lender on her post-confirmation home mortgage loan modification defaulted on payments “under the plan” and was not entitled to a chapter 13 discharge pursuant to 11 U.S.C. § 1328(a), says a Newport News U.S. District Court; the bankruptcy court properly dismissed debtor’s […]

Mar 7, 2017

CGL Policy Did Not Cover Contract Repairs

Although contract provisions called for plaintiff Electric Motor Contracting Corporation to pay for repairs negligently performed by its subcontractors on EM’s contract to repair Navy generators, EM was not “legally obligated to pay as damages” those sums for repair work, and these costs are not covered under EM’s commercial general liability insurance policy with defendant […]

Dec 28, 2016

Brokerage Customers Must Arbitrate Claims

Although plaintiffs contend their signatures on a brokerage account application were forged, their reliance on and receipt of benefits from their contract for the account estops them from repudiating the contract’s arbitration clause, which is enforceable despite violation of FINRA Rule 2268; the Norfolk U.S. District Court grants defendants’ motion to compel arbitration and stays [&hell[...]

Nov 16, 2016

Sentencing Court Cites ‘Evolving Law’ on Marijuana

A Newport News U.S. District Court revokes a drug defendant’s supervised release for multiple violations of his conditions, including DWI and marijuana possession; however, in light of the “evolving state of the laws criminalizing” marijuana possession and DOJ guidelines on enforcement policies, the district court will consider issues of sentencing disparity and unequal prosecution[...]

Nov 16, 2016

Va. Robbery Is ‘Violent Crime’ for Career Offender Status

A defendant who pleaded guilty to possession of cocaine base with intent to distribute can be sentenced as a career offender under USSG § 4B1.1 because his prior Virginia conviction for robbery is a “crime of violence,” notwithstanding defendant’s argument that the career offender provision for “crime of violence” is nearly identical to the “violent […]

Aug 15, 2016

Franchise Agreement Covered Telecom Installations

In plaintiff telecommunication company’s dispute over the terms and enforcement of a franchise agreement granting plaintiff use of the public rights-of-way within the city of Newport News, the Newport News U.S. District Court holds that the city’s actions requiring plaintiff to obtain zoning or building approval for its four Node installations beyond the right-of-way and […]