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Tag Archives: Judge T.S. Ellis III

EDVA: Non-compete enforceable, despite blue-pencil terms (access required)

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

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EDVA: No tortious interference without contractual expectancy (access required)

In protracted trade-secrets litigation, claims by successor organizations to a government subcontractor failed to demonstrate a valid contractual expectancy that could support their claims of tortious interference with a business expectancy. Background Plaintiffs L-3 Communications Corp. and L-3 Applied Technologies ...

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EDVA: Accused student alleges viable gender-discrimination claim (access required)

A former Marymount University student, who the University found guilty of sexually assaulting another student, stated a valid “erroneous-outcome” claim against the University for its adjudication of the accusation, which he said was marred by procedural defects designed to discriminate ...

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EDVA: Houses were seizable assets traceable to crimes (access required)

In a prosecution for mail and wire fraud, money-laundering conspiracy, and identity theft, the government properly seized the defendant’s two homes, having probable cause to believe those assets will ultimately be proved at trial to be forfeitable as tainted by ...

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EDVA: Separation was due to absences, not disability (access required)

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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Bon Mots: February 2018

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 ...

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EDVA: Constructive amendment requires acquittal (access required)

Following his trial and conviction by jury, a deportee was acquitted for forcibly resisting ICE officers after the government offered evidence of forcible resistance only to CBP officers. Background Defendant Koffi Ameyapoh, a citizen of Togo, was ordered removed from ...

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