Pro Hac Vice, Ye Be Warned: A Cautionary Tale to Out-of-State Attorneys and...
On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local...
View ArticleUsing a Company Witness as a Subject Matter Expert on a Company’s Products
It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a...
View ArticleFourth Circuit Now Permits Awarding Attorney’s Fees for Some Preliminary...
Plaintiffs who secure a preliminary injunction may now be able to recover attorney’s fees in the Eastern District of Virginia, due to the Fourth Circuit’s departure from its previous position that such...
View ArticleEDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101
On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices...
View ArticleSuit for Copyright Infringement of Architectural Plans Allowed to Move Forward
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design...
View ArticleEDVA Judge Denies Motion to Strike New Evidence in Reply Brief and Transfers...
In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking...
View ArticleEDVA Judge Grants Preliminary Injunction Requiring Property Seller to Execute...
As we posted here and here, a defining aspect of practice in the EDVA’s rocket docket is the ability to quickly obtain preliminary relief. A recent decision by Judge Leonie Brinkema again illustrates...
View ArticleLawsuit Against the National Trust Over Preservation of Historic Home Dismissed
Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres...
View ArticleAttorneys Collect $23.3M Payday in EDVA Antitrust Settlement
On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys....
View ArticleRichmond FBA Hosts Judge Payne at Lunch and Learn Event
On December 5, the Richmond Division of the Federal Bar Association hosted a Lunch and Learn panel for chapter members, area practitioners, and a special guest — the Honorable Robert E. Payne. The...
View ArticleEDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non...
It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of...
View ArticleEDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment...
One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of...
View ArticleSummary Judgment Ruling in Complex Contract Dispute Addresses Issues from A...
In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine...
View ArticleThe EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs
A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident. First,...
View ArticleDo Not Bet on Block Billing Just Yet
In Colonial River Wealth Advisors, LLC v. Cambridge Investment Research, Inc., No. 3:22cv717, 2024 U.S. Dist. LEXIS 3058 (E.D. Va. Jan. 5, 2024), Judge Young granted the prevailing defendant’s fee...
View ArticleEDVA Judge Narrows Suit Challenging Provision of Virginia Constitution...
Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case,...
View ArticleEDVA Judge Finds Driver Scheduling Patents Invalid
In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding...
View ArticleEDVA Permits Plaintiff to Use Her Deposition as Trial Testimony
It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony...
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