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Tag Archives: U.S. District Court – Eastern District

Dueling Experts Don’t Satisfy Preponderance Standard (access required)

At a bench trial of a medical-malpractice claim, Plaintiff Eugene Gadson failed to prove his doctors’ negligence by a preponderance of the evidence because the parties’ respective experts offered diametrically-opposed testimony as to the appropriate standard of care. Three days ...

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Sierra Club Awarded Partial Fees, Costs for Limited Coal-Ash Victory (access required)

On Plaintiff Sierra Club’s motion to recover fees and costs as the prevailing party, the court granted attorney fees of $457,718 and expert fees of $102,000, as well as certain litigation costs. Sierra Club had sued Virginia Electric & Power ...

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Asylum Application – Untimely – Changed Circumstances (access required)

Even though the Honduran petitioner failed to seek asylum within one year of arriving in the U.S., since his arrest by immigration authorities led to more violence against his family and threats against his associates in more Honduran cities, petitioner ...

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Key given to drunk, entrustment claim settles during trial – $8 Million Settlement (access required)

While slowing to stop at a traffic signal on J. Clyde Morris Boulevard, in the City of Newport News, plaintiff’s sedan was struck from behind at a high rate of speed by a work truck driven by the defendant driver, ...

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Civil Practice – Motion to Dismiss – Defamation – Tortious Interference (access required)

McCray v. Infused Solutions LLC  (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant subcontracting staffing agency, was terminated after a 90-day reprimand notice ...

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Due Process – Equal Protection – No Fly List (access required)

Elhady v. Piehota (VLW No. 017-3-448, 20 pp.) (Trenga, J.) 1:16-cv-375; E.D.Va. Holding: Plaintiffs are 25 United States citizens, all Muslim, who claim they are included on the government’s terrorist watch list and contend that this status subjects them to ...

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Mortgages – Foreclosure – Quiet Title – Unfair Debt Collection Practices (access required)

Eggiman v. Ventures Trust 2013-I-H-R (VLW No. 017-3-449, 8 pp.)(Hilton, J.) 1:16-cv-01579; E.D. Va. Holding:  Where plaintiff property owner fails to allege that he had superior title through satisfaction of his loan obligations, he fails to state a quiet title ...

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