The defendant’s multiple claims attempting to upset his conspiracy and firearms conviction, including ineffective assistance of counsel and statutory arguments, were rejected as contrary to law. Background On May 8, 2017, a federal grand jury named petitioner Jerrod Pemberton and ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

The court rejected a defendant’s argument that his conviction for aiding and abetting attempted murder does not qualify as a “crime of violence” under the §924(c)(3)(A) “force clause,” finding that just because an aspect of his conviction was attempted murder ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

The owner of two high pressure natural gas pipelines was granted an injunction prohibiting construction of an asphalt roadway over the pipelines after establishing that without mitigation measures, the construction would cause harm to its right to safely maintain the ...

Tagged with: Commercial Judge Mark Davis U.S. District Court - Eastern District

The plaintiffs plausibly alleged the defendants’ enterprise fell within the scope of the Fair Labor Standards Act and that each of the plaintiffs had an employer-employee relationship with defendants. The court also held an FLSA retaliation claim was plausible, based ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

In a case involving claims of sham real estate investments, a pro se defendant and her company’s repeated failure to appear before the magistrate judge and repeated violations of Federal Rules and court orders, even after compliance with discovery was ...

Tagged with: Judge Leonie Brinkema Sanctions U.S. District Court - Eastern District

In rejecting the attorney-client privilege argument made by a law firm that once represented two plaintiffs, the court found the defendant made a prima facie showing that plaintiffs committed fraud upon the court by producing altered emails and that fraud ...

Tagged with: Civil Practice Judge Theresa C. Buchanan U.S. District Court - Eastern District

There was no evidence the reservist’s supervisor terminated the plaintiff because of his membership in the Army Reserve. Background On May 31, 2018, Communication Technologies filed a motion for summary judgment. COMTek asserts that it is entitled to judgment as ...

Tagged with: Employment Judge Rebecca Beach Smith U.S. District Court - Eastern District

A Navy employee who was injured by a vehicle negligently operated by another Navy employee cannot sue either the driver or the United States because the driver was acting within the scope of her employment and the United States has ...

Tagged with: Judge Mark Davis Tort U.S. District Court - Eastern District

A former store worker did not plead sufficient facts to suggest the ABC retaliated against her. Background Defendant Virginia Department of Alcoholic Beverage Control operates a liquor store in Norfolk. Plaintiff Jeanette L. Bailey was employed by defendant as a ...

Tagged with: Employment Discrimination Judge Mark Davis U.S. District Court - Eastern District

A woman who challenged the removal of her $400,000 slip and fall case against Food Lion from state court attempted to reduce damages to $74,000 if the case was remanded. But the court found her case met the standards for ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District