A lawyer’s retainer agreement calling for payment of 40 percent of “any recovery” gives the lawyer 40 percent of the Rule 68 judgment for $10,000, not 40 percent of the overtime pay gained by his client; the Richmond U.S. District ...

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

An Alexandria U.S. District Court judge refuses to recuse himself from hearing plaintiffs’ lawsuit challenging the 2006 foreclosure sale of their commercial property, based on allegations that include the judge’s 1996 denial of a motion to vacate sentence filed by ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

An Alexandria U.S. District Court says a bank can intervene in plaintiffs’ lawsuit challenging the 2006 foreclosure sale of plaintiffs’ Manassas commercial property, as the bank is the beneficiary of certain deeds of trust that encumber the property. To the ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

Plaintiffs’ claim for abuse of process in the 2006 foreclosure sale of their commercial property in Manassas is barred by res judicata, says an Alexandria U.S. District Court. Plaintiffs Peter and Veron Lee Kalos have filed numerous actions in this ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

Holding that neither Virginia nor Delaware would recognize a claim for “deepening insolvency,” an Alexandria U.S. District Court dismisses a Swedish law firm’s claim for breach of fiduciary duty against a defendant who allegedly failed to pay legal fees for ...

Tagged with: Creditor's Rights Judge Liam O'Grady U.S. District Court - Eastern District

In a Georgia bank’s suit against a Virginia LLC and three individuals for breach of commercial promissory notes, a Norfolk U.S. District Court says plaintiff’s allegations, that the LLC is a Virginia LLC with its principal office and headquarters located ...

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

A grade-school student who allegedly suffered ongoing illness from mold at his school cannot sue the school board or the school system’s assistant for facilities and maintenance and its executive director of faculties for constitutional violations under 42 U.S.C. § ...

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

In this in rem complaint under the Anticybersquatting Consumer Protection Act, an Alexandria U.S. District Court denied plaintiff’s motion to waive publication, as sending a notice of an action to the e-mail and postal addresses of the registrant provided to ...

Tagged with: Intellectual Property Judge Anthony J. Trenga U.S. District Court - Eastern District

A Newport News U.S. District Court says it committed clear error at an earlier sentencing, and that a drug defendant who otherwise qualified for the “safety valve” provision of 18 U.S.C. § 3553(f), need not be sentenced to a mandatory ...

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

A magistrate judge for the Richmond U.S. District Court says an African-American boat painter with 16 years experience who filed an EEOC charge after he was fired without explanation by Deltaville Boatyard LLC, can amend his Title VII lawsuit alleging ...

Tagged with: Employment Discrimination Judge Dennis Dohnal U.S. District Court - Eastern District