An employee succeeded in having a default judgment entered against the company he sued for violations of the Fair Labor Standards Act because its repeated failure to respond to discovery, even after being ordered to do so by the court, ...

Tagged with: Judge T.S. Ellis III Sanctions U.S. District Court - Eastern District

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Although the Virginia Supreme Court and Fourth Circuit have never addressed whether a prevailing defamation plaintiff may obtain an injunction prohibiting a defendant from repeating defamatory speech, a man found to have made false and defamatory statements about the plaintiffs’ ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

The plaintiffs could not claim the defendants conspired to obstruct justice by denying them access to the courts in violation of the First and 14th Amendments because the record shows that the plaintiffs previously filed two lawsuits—a bias suit against ...

Tagged with: Civil Rights Judge T.S. Ellis III U.S. District Court - Eastern District

A Virginia statute requiring a foreign corporation that is “transacting business” in Virginia to obtain a “certificate of authority” did not apply to a Maine-based recruiting firm that brought suit over unpaid commissions. The firm’s communications into the state about ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

Tagged with: Employment Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District

Statements regarding defendant’s competence, ability to perform and serve as a “one-stop shop” for a roof repair project are factual representations because they were made with knowledge of the plaintiffs’ specific needs. These comments supported a claim for fraud in ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

Where a member of a joint venture did not induce third-parties to breach their contracts with the other JV member, and where there was no prohibition against third parties becoming members of the JV, the tortious interference with contract claims ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

Where a former employee alleged he was terminated for reporting  to his superiors that the company was underreporting profits on nongovernmental commercial contracts, he did not have a viable retaliation claim under the Defense Contractor Whistleblower Protection Act or the ...

Tagged with: Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District

A cheerleading coach who worked on a defense base in Japan failed to show her age or race was the reason for her termination. The record showed multiple complaints from parents and cheerleaders, including that the coach was late to ...

Tagged with: Employment Employment Discrimination Employment Law Judge T.S. Ellis III