Where borrowers alleged that Wells Fargo filed false and unauthorized forbearance notices in Chapter 13 bankruptcy cases as part of its response to the COVID-19 pandemic and the Coronavirus Aid, Relief, and Economic Security, or CARES, Act, but alleged no ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

Where liability experts offered opinions that were not contained in their expert disclosures, rested on unreliable facts and data or rested on unreliable principles and methods of testing, those opinions were struck. Background While operating a tractor-trailer owned by his ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where the plaintiff moved to exclude evidence that the defendant has patents on the accused product, its motion in limine was denied. Although holding patents on the accused product is not a defense to infringement, as the jury will be ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where land was condemned for an easement required for construction of a natural gas pipeline, any evidence or statements by landowners or counsel bearing on the land’s “value to me,” or that they are being forced to sell, cannot afford ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a breeder of animals used for pharmaceutical research decided to close its facility after it was ordered to comply with the Animal Welfare Act, or AWA, it may transfer animals out of the facility to fulfill existing contracts. Transfers ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Where borrowers asserted a civil RICO claim against Wells Fargo based upon its alleged filing of false and unauthorized forbearance notices in Chapter 13 bankruptcy cases, the adversary proceeding was withdrawn from the bankruptcy court because the novel RICO claim ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

A lawyer’s claim that he was terminated by his municipal employer in retaliation for testifying about the mayor’s alleged corruption and abuse of power can go forward. Judge James P. Jones of the Western District of Virginia rejected the town’s ...

Tagged with: Employment Judge James P. Jones U.S. District Court - Western District

Where the owner of real property asserted a slander of title claim based upon a lis pendens filed by the opposing party, but the lis pendens simply republished relevant information from the lawsuit and referenced the property in dispute, the ...

Tagged with: Judge Thomas T. Cullen Tort U.S. District Court - Western District

Where insureds waited 157 days after being sued for an alleged sexual assault before they notified their carrier, more than 800 days had elapsed since the events giving rise to the underlying suit and the notice to the carrier and ...

Tagged with: Insurance Judge Thomas T. Cullen U.S. District Court - Western District

Where a former Town of Abingdon employee suing the town for hostile work environment and sex bias claims exhausted her administrative remedies, but her complaint failed to allege that she had done so and the court could not rely on ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District