Opinion Digests
Civil Procedure - Frivolous Complaints - Pre-Filing Inquiry
By Deborah Elkins
June 29, 2009
A pro se plaintiff who has sued 31 entities as defendants, alleging a variety of employment discrimination, tort and contract claims arising from defendant media and entertainment companies’ alleged theft of plaintiff’s ideas for movie plots, popular songs, magazine layouts and events surrounding the inauguration of President Barack Obama, is dismissed as frivolous under 28 […]
Civil Procedure - Frivolous Complaints - Pre-Filing Inquiry
By Deborah Elkins
June 29, 2009
A pro se plaintiff who has sued 31 entities as defendants, alleging a variety of employment discrimination, tort and contract claims arising from defendant media and entertainment companies’ alleged theft of plaintiff’s ideas for movie plots, popular songs, magazine layouts and events surrounding the inauguration of President Barack Obama, is ordered subject to a pre-filing […]
Negligence - Airline Passenger - Wheelchair - Deposition - Treating Doc ‘Expert’
By Deborah Elkins
June 29, 2009
Although an elderly airline passenger who was not provided the requested wheelchair when she deplaned exhibited some confusion during her deposition in California, a Richmond U.S District Court declines to exclude the deposition on the ground of the passenger’s mental incompetency.
The passenger stated that after additional requests of airline personnel for wheelchair assistance, and waiting […]
Insurance - Auto Accident - UM Coverage - Contingency Clause
By Deborah Elkins
June 29, 2009
A truck driver who was injured while driving a truck for his employer, Professional Delivery Systems, leased from a trucking company, Idealease, is not barred from coverage under a “contingency clause” in the lessor’s policy that excludes UM/UIM coverage if the insurance required by the lease agreement is collectible at the time of the accident; […]
Civil Procedure - Venue - Trademark Dispute
By Deborah Elkins
June 29, 2009
An Alexandria U.S. District Court grants defendant’s motion to transfer this trademark dispute over a rotary dental bar from the Eastern District of Virginia to South Carolina, because this case has only a slight connection to Virginia and a stronger connection to Ohio and South Carolina, and the balance of convenience to parties and witnesses […]
Real Estate - Commercial Lease - Gas Station - Construction Permits
By Deborah Elkins
June 29, 2009
Plaintiff Boulevard Associates may pursue a damages claim against defendant Wawa for alleged breach of a contract to lease property in Virginia Beach for a gas station and convenience store, for which Wawa could not obtain the necessary construction permits, a Norfolk U.S. District Court says.
Construing the alleged facts in the light most favorable to […]
Civil Rights - Venue - Jail Inmate
By Deborah Elkins
June 29, 2009
An Alexandria U.S. District Court dismisses for improper venue under 28 U.S.C. § 1391(b) an Orange, Virginia inmate’s civil rights suit against defendant correctional officials, as affidavits filed by defendants clearly show that none of the named defendants reside in the Eastern District of Virginia, and the facts as pled clearly show that none of […]
Criminal - Civil Forfeiture - Seized Currency - Default Judgment
By Deborah Elkins
June 29, 2009
A magistrate judge for the Alexandria U.S. District Court recommends default judgment for the government against $8,500 in U.S. Currency, two jet skis, and a dirt bike, based on the property owner’s theft of nearly 9,000 Vicodin pills while a member of the U.S. Navy.
Notice of forfeiture was published on www.forfeiture.gov, an official Internet government […]
Contract - False Claims Act - Jurisdiction - Filing Under Seal
By Deborah Elkins
June 29, 2009
A qui tam relator’s failure to file his amended complaint under seal and submit it to the government in camera did not deprive an Alexandria U.S. District Court of subject matter jurisdiction, where the court already ordered the original complaint unsealed after the government had an opportunity to intervene.
Plaintiff filed his initial complaint in the […]
Contract - Condo Complex - Mechanic’s Liens
By Deborah Elkins
June 29, 2009
In this ongoing dispute between a developer and a contractor in this $92 million condominium project in Arlington, an Alexandria U.S. District Court rejects the contractor’s claim that it had a right to file two mechanic’s liens after the parties entered into an agreement in which the contractor waived its right to file additional mechanic’s […]
Intellectual Property - Copyright Infringement - Building Plans
By Deborah Elkins
June 29, 2009
An engineering services firm that failed to register a copyright for its building site plans for a King William County subdivision cannot seek an injunction under federal copyright law against defendant bank that foreclosed on the subdivision and allegedly is using plaintiff firm’s plans to have another contractor develop the site, and the Richmond U.S. […]
Employment Discrimination - Age - Securities Sales - Constructive Discharge
By Deborah Elkins
June 29, 2009
In this decision from Richmond U.S. District Court, a securities firm wins summary judgment in this age-discrimination suit filed by a 51-year-old securities salesman, despite a supervisor’s alleged comment about trading being “a young people’s game,” and that plaintiff was “too old to want to be a trader.”
Plaintiff, who alleges he was constructively discharged, has […]
Negligence - P.I. Suit - Treating Doctor - Expert Report - Daubert
By Deborah Elkins
June 29, 2009
A doctor who got a referral from and was paid by a p.i. plaintiff’s lawyer cannot testify for plaintiff after failing to file an expert report under Rule 26(a)(2)(B), and the Norfolk U.S. District Court also applies Daubert to exclude causation and prognosis testimony of an orthopedic surgeon.
In general, a treating physician is not a […]
Criminal - Habeas Corpus - N.C. Death Penalty - Request For Counsel
By Deborah Elkins
June 29, 2009
The 4th Circuit denies habeas relief for a North Carolina death-row defendant convicted of two counts each of murder, rape, kidnapping and robbery, and rejects defendant’s claims that the state court violated his Fifth Amendment rights in refusing to suppress incriminating statements he made without a lawyer, his Sixth Amendment rights by denying his request […]
Consumer Protection - Real Estate - Title Insurance Rate - Md. Law
By Deborah Elkins
June 29, 2009
The 4th Circuit says that RESPA, the Real Estate Settlement Procedures Act, does not provide any remedy for plaintiff home buyers’ claim alleging that defendant Ticor Title Insurance Company of Florida, charged them rates higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner, and split the excessive rates with its […]
Criminal - Cocaine Conspiracy - Jury Instructions
By Deborah Elkins
June 29, 2009
A defendant who was reputed to be the “biggest dealer” at Shriver’s Motel in Luray, Virginia, a dealer who “never ran out” of cocaine, has his multiple firearms and drug distribution convictions affirmed by the 4th Circuit, despite his several challenges to the sufficiency of the evidence, the district court’s jury instructions and his sentencing […]
Criminal - Sex Offender Registration - SORNA - APA Claim
By Deborah Elkins
June 29, 2009
Although Maryland had not yet implemented enhanced registration requirements for sex offenders when defendant moved to Maryland, he nevertheless could be convicted under the Sex Offender Registration & Notification Act for his failure to register when he moved to Maryland in 2006, the 4th Circuit says.
Defendant was convicted of a sex offense in the District […]
Products Liability - Ladder Expert Flunks ‘Daubert’ Test
By Deborah Elkins
June 26, 2009
A civil engineer/engineering professor falls short of the Daubert standard in his tests on the “Little Giant” ladder, and an Alexandria U.S. District Court excludes plaintiff’s expert evidence and grants summary judgment to the manufacturer.
Holmes v. Wing Enterprises Inc. (VLW 009-3-352) (17 pp)
Domestic Relations - Parents Clash Over Shots for Child
By Deborah Elkins
June 25, 2009
Dad says mom is “manipulating” the court with her anti-vaccine stance, but a Fairfax Circuit Court says mom has a bona fide religious objection, and gives mom sole authority for medical decisions.
Grzyb v. Grzyb (VLW 009-8-131) (11 pp.)
Criminal - Prosecutors Faulted on Discovery
By Deborah Elkins
June 24, 2009
The 4th Circuit says it “hardly approves” of how the prosecution handled discovery, but its failure to share a binder listing controlled drug buys at a Luray motel did not prejudice defendant.
U.S. v. Jeffers (VLW 009-2-110) (23 pp.)
IMPORTANT OPINIONS
- Traffic Offenses - Bifurcated Trial ‘Notice’ DNA in Traffic Court
- Tort - Telecom Company Can Sue for Business Conspiracy
- Tort - Government Not Liable for Stability Test
- Search & Seizure - Vague Affidavit Cannot Support Warrant
- Search & Seizure - Invalid Warrant - Affidavit Specificity
- Negligence - FELA - Wrongful Death - Release