September 28, 2017
Comments Off on Fourth Amendment – Federal Rules of Criminal Procedure – Military Rule of Evidence 315(d) – Probable Cause – Exclusion – Good Faith Exception
U.S. v. Gregory Kyle Seerden (VLW 017-3-446,18pp.) (Raymond A. Jackson, J.) 2:17cv67; E.D. Va. Motion to suppress evidence obtained through search of cellular telephone following indictment on four counts related to child pornography. Holding: Where a first warrant for a ...
Tagged with: Constitutional Judge Raymond A. Jackson U.S. District Court - Eastern District
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September 28, 2017
Comments Off on Consolidated Securities Fraud Action – Appointment of Lead Plaintiff – Conflict of Interest
Alexander Rice, Individually and on behalf of all other similarly situated, et al., v. Genworth Financial Incorporated, et al. (VLW 017-3-428, 36pp.) (Robert E. Payne, S.J.) 3:17cv59; E.D. Va. Two motions in a consolidated securities fraud action seek appointment as ...
Tagged with: Judge Robert E. Payne Securities U.S. District Court - Eastern District
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September 28, 2017
Comments Off on Class Certification – Patent Protection
American Sales Company, LLC, on behalf of itself and all other similary situated, v. Pfizer, Inc., et al. (VLW 017-3-430, 36pp.) (Douglas E. Miller, J.) 2:14cv361; E.D. Va. Motion to certify class. Holding: Where 32 of the 44 proposed class ...
Tagged with: Antitrust Judge Douglas E. Miller U.S. District Court - Eastern District
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September 28, 2017
Comments Off on 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 ...
Tagged with: Judge Robert G. Doumar Real Estate U.S. District Court - Eastern District
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September 28, 2017
Comments Off on Violent Felony Definition Enumerated, Not Vague, in this Case
A Roanoke U.S. District Court grants the United States’ motion to dismiss defendant’s 28 U.S.C. § 2255 motion, contending that her sentence under the Armed Career Criminal Act was invalid post Johnson v. United States. In Johnson, decided in 2015, ...
Tagged with: Criminal Judge T. Rawles Jones Jr. U.S. District Court - Eastern District
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September 28, 2017
Comments Off on Court’s Order Final Though Transcript Arguably Contradicts
The Court of Appeals confirms that a court order written by a Richmond Circuit Court judge be taken literally and that the order is final according to Rule 1:1 once 21 days pass from the date of entry. The order ...
Tagged with: Criminal Judge Marla Graff Decker U.S. District Court - Eastern District
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September 15, 2017
Comments Off on Tribal Immunity Protects Lender from FCRA Claim
Defendant Plain Green, LLC claims tribal immunity and moves to dismiss for lack of jurisdiction a claim brought by a consumer in a Norfolk U.S. District Court for violation of the Federal Fair Credit Reporting Act. The court referred the ...
Tagged with: Creditor's Rights Judge Douglas E. Miller U.S. District Court - Eastern District
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September 15, 2017
Comments Off on Foreclosure Notice Was in Compliance
Plaintiffs seek to rescind the 2013 foreclosure sale of their home based on lender’s alleged breaches of its obligations to provide notice before foreclosing on the property and to comply with applicable law throughout the foreclosure process. Defendants have moved ...
Tagged with: Judge Arenda L. Wright Allen Real Estate U.S. District Court - Eastern District
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August 25, 2017
Comments Off on Sub Wins $6M in Army Shelter Contract Dispute
In this government procurement case arising out of a subcontract for defendant to provide materials for onsite assembly of “Kuwait Energy Efficient Project” shelters under plaintiff’s prime contract with the U.S. Army, the Alexandria U.S. District Court says plaintiff contractor ...
Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District
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August 25, 2017
Comments Off on Contractor Can’t Challenge Space Program
An Alexandria U.S. District Court dismisses plaintiff contractor’s suit seeking to enjoin the Defense Advanced Research Projects Agency’s program for Robotic Servicing of Geosynchronous Satellites Program, which plaintiff says violates multiple provisions of the 2010 National Space Policy and therefore ...
Tagged with: Administrative Judge Leonie Brinkema U.S. District Court - Eastern District
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