Where a delay in filing motions did not prejudice the plaintiff, an employer did not waive its right to compel arbitration in a discrimination suit. Background Smiley, a 50-year-old white man, worked for Forcepoint as a salesman. He says that ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a money-laundering defendant brought a claim that her lawyer was ineffective, at sentencing she has asked if she had been satisfied with his services, answering yes, her ineffective assistance claim is denied. Background On Aug. 30, 2016, petitioner pleaded ...

Tagged with: Criminal Judge Claude M. Hilton U.S. District Court - Eastern District

A biotechnology company that challenged a final decision of the Patent Trial and Appeal Board is responsible for covering the government’s non-personnel charges. Background Halozyme brought this action pursuant to 35 U.S.C. § 145, challenging a final decision issued by ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

A man challenging his demotion at the transportation administration cannot rely on evidence from another demoted employee because the two were not similarly situated. Background Plaintiff is a former member of the Transportation Senior Executive Service at the Transportation Security ...

Tagged with: Evidence Judge Liam O'Grady U.S. District Court - Eastern District

An insurance company can stay in federal court after showing the cost of its duty to defend the plaintiffs, combined with its indemnity obligation, likely exceeded the jurisdictional minimum  of $75,000, and a motion to remand to state court is ...

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

A plaintiff who prevailed on summary judgment on a Lanham Act claim over use of a common phrase, “We Buy Homes,” is not entitled to attorney’s fees because the case was not rare, extraordinary or unique. Background On June 28, ...

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

An Asia-based retailer that sufficiently participated in the bidding process for the liquidated assets of Toys “R” Us subjected itself to personal jurisdiction in the United States. Background In September 2017, Toys “R” Us declared bankruptcy. Since then, the bankruptcy ...

Tagged with: Bankruptcy Judge John A. Gibney Jr. U.S. District Court - Eastern District

A subcontractor cannot rely on a teaming agreement with a contractor as binding, as such agreements imply the parties intend to negotiate in the future. Background InDyne Inc. submitted a proposal to the Air Force in which it proposed Beacon ...

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

The government failed to prove the defendant was in the Eastern District of Virginia when he actually transmitted National Defense Information to his Chinese contact. Background Following a four-day trial, a jury convicted defendant of: (1) conspiracy to gather or ...

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

Five abortion providers challenging Virginia’s regulatory framework as overly burdensome may proceed with their claims. Background This is an action filed by five Virginia healthcare providers’ who offer abortion care or services seeking declaratory and injunctive relief from what they ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District