In plaintiff’s lawsuit alleging defendant defamed plaintiff by making false statements that plaintiff forged documents in connection with a contract for debt collection services plaintiff had with SMI Hyundai, an Alexandria U.S. District Court accepts the magistrate judge’s recommendation and denies defendant’s motion to amend his counterclaim to allege claims of breach of contract, breach [...]

Although an employee of defendant contractor allegedly told plaintiff subcontractor “not to worry” about an increase in flowable fill on the project, defendant did not waive the contract requirement for written change orders, and a Richmond U.S. District Court grants summary judgment for defendant contractor on plaintiff sub’s contract and quantum meruit claims arising out [...]

An African-American female administrative employee of the Portsmouth City Assessor’s office has not stated a claim for hostile environment under Title VII with allegations that her two African-American female coworkers referred to her skin color as “yellow” and “red” and called her a “wannabe white girl,” and the Norfolk U.S. District Court dismisses plaintiff’s discrimination [...]

An Alexandria U.S. District Court grants summary judgment to plaintiff who is seeking long term disability benefits for total disability from chronic headaches through her ERISA-qualified employee benefits plan; the court concludes defendant Lincoln National Life Insurance Company misinterpreted the applicable provisions of the long-term disability policy in determining whether plaintiff was entitled to benefits [...]

A Richmond U.S. District Court says the “deliberate indifference” standard applies to medical treatment for a German national detained on immigration violations, and after the man died of a heart attack caused by bacterial endocarditis, his estate may sue the Piedmont Regional Jail Authority under 42 U.S.C. § 1983 for its alleged deliberate indifference to [...]

In this litigation over location of a cell telephone tower, a Newport News U.S. District Court adopts a magistrate judge’s recommendation and grants partial summary judgment to plaintiff T-Mobile because the record has failed to demonstrate substantial evidence for denial of plaintiff’s conditional use permit; but the court denies summary judgment in reference to plaintiff’s [...]

A Richmond U.S. District Court grants defendants’ motions for attorney’s fees in this suit by a borrower who sued under the Fair Debt Collection Practices Act, which the court finds was brought in bad faith and to harass, in violation of 15 U.S.C. § 1692k(a)(3). Defendant EVB seeks attorney’s fees in the amount of $23,658. [...]

In a pro se plaintiff’s suit under the Fair Debt Collection Practices Act, a Richmond U.S. District Court denies plaintiff’s motion to quash defendant’s subpoena to testify and produce documents related to plaintiff’s relationship with a law firm whose malpractice policy may provide a source to satisfy defendant’s judgment against the plaintiff. After granting summary judgment [...]

In this litigation involving patents-in-suit relating to electronic sourcing systems, which allow prospective buyers to locate items to buy from multiple electronic catalogs, a Richmond U.S. District Court denies defendant software company’s motion for a stay of permanent injunction. The uncertainty of both the outcome of appeals and the length of time until the last re-examination [...]

In this litigation involving patents-in-suit relating to electronic sourcing systems, which allow prospective buyers to locate items to buy from multiple electronic catalogs, a Richmond U.S. District Court grants plaintiff’s motion for a permanent injunction. Trial commenced on Jan. 4, 2011. On Jan. 27, the jury reached a unanimous verdict and found that the ‘683 [...]