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Child Porn ‘Playpen’ Warrant Approved
Following its earlier opinion covering the same Fourth Amendment issues, a Norfolk U.S. District Court upholds the government’s use of a Network Investigative Technique to conduct searches of personal computers after its seizure of “Playpen,” a website that facilitates distribution of child pornography, and denies two motions to suppress evidence obtained by the government after [&hell[...]
No Patent for Computer Claim’s ‘Abstract Idea’
Plaintiffs’ claims that defendant’s ‘432 patent, relating to a method for centralized identification and authentication of users and their transactions to increase security in e-commerce, are invalid because they are directed to an abstract idea and thus are ineligible for patent protection under 35 U.S.C. § 101; the Norfolk U.S. District Court dismisses plaintiffs’ claims. […]
Court Upholds Child Porn ‘Playpen’ Warrant
A Norfolk U.S. District Court says the government’s use of a Network Investigative Technique to conduct searches of personal computers after its seizure of “Playpen,” a website that facilitates distribution of child pornography, is a search under the Fourth Amendment, but the court denies two motions to suppress evidence obtained by the government after a […]
Delivery Failure Breaches Medical Supply Contract
In this contract dispute between plaintiff BMK Solutions LLC, a Virginia producer of medical kits certified as a Tactical Combat Casualty Care government contractor, and defendant BioStat LLC, a Florida LLC and distributor of Medtrade gauze and bandage products made by a British manufacturer, a Norfolk U.S. District Court says BioStat breached a contract for […]
No Benefits for Navy Seal Suicide’s Family
The widow of a man who retired after serving 17 years as a Navy Seal, and who showed signs of chronic traumatic encephalopathy from exposure to enemy gunfire and mortar fire blasts, cannot collect $500,000 in supplemental life insurance benefits after her husband died of a self-inflicted gunshot; the Norfolk U.S. District Court says the […]
Employer ID Did Not Create ‘Covered Auto’
Although a truck-tractor involved in an accident with a bicyclist had the USDOT Carrier ID number of the driver’s employer, the vehicle was not a “covered auto” under the employer’s commercial automotive policy and the employer’s insurance carrier also is not liable for the bicyclist’s injuries under an MCS-90 endorsement to the policy; the Norfolk […]
Employer ID Did Not Create ‘Covered Auto’
Although a truck-tractor involved in an accident with a bicyclist had the USDOT Carrier ID number of the driver’s employer, the vehicle was not a “covered auto” under the employer’s commercial automotive policy and the employer’s insurance carrier also is not liable for the bicyclist’s injuries under an MCS-90 endorsement to the policy; the Norfolk […]
Welcome Center Materials Are ‘Protected Speech’
A publisher of visitors’ guides to Virginia does not have standing to challenge Virginia Department of Transportation policies governing what may be displayed in VDOT Welcome Centers and rest areas; although the publisher has standing to challenge the fees for placing materials in the Welcome Centers, the Welcome Center displays are government speech exempt from […]
Mold case was to be heard in Norfolk
A contentious lawsuit over mold in military housing is set to go to trial Tuesday in Norfolk federal court. Pre-trial skirmishes continued in recent days, with U.S. District Judge Raymond Jackson blocking one defense witness. Jackson termed the lengthy case “overlitigated” and “overcomplicated.” The case has been marked by an early fight over e-discovery and […]
Arbitration Ordered for Shipping Contract
In this dispute over plaintiff coal company’s suit for damages to a shipment of mining shovels from Australia to Hampton Roads, the Norfolk U.S. District Court construes the chartered vessel’s motion to dismiss as a motion to compel arbitration, which the court grants. Plaintiff Southern Coal Corporation, through its agent AAMAC, contracted with defendant IEG […]
Federal Claims Dismissed, State Claims Remanded
In plaintiff’s lawsuit alleging defendant police officers were grossly negligent in failing to obtain prompt medical assistance and delaying in order to conduct sobriety tests after plaintiff was injured in a one-vehicle accident, the Norfolk U.S. District Court says plaintiff has failed to state any federal claims, and his suit is remanded back to state […]
No Coverage for False Advertising Claim
In a declaratory judgment action seeking coverage under a commercial liability policy for defendant Crawl Space Door System’s defense of a New Jersey lawsuit, the Norfolk U.S. District Court says the “failure to conform” and “intellectual property” policy exclusions bar coverage in this lawsuit filed by a competitor who has sued defendant for false advertising, […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
