In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory and unconscionable. , Civil Action No. 1:23-cv-574 (RDA-LRV), 2024 U.S. Dist. LEXIS 141570 (E.D. Va. Aug. 8, 2024).
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Attorneys Face Potential Sanctions for Alleged Misuse of AI
By Peter Cox
A federal judge in the Western District of Virginia has ordered a plaintiff’s attorneys to show cause why they should not be sanctioned for the alleged misuse of artificial intelligence (AI).…
Preliminary Injunction Granted Against Former Employees of Wealth Management Firm
A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the EDVA on requests for preliminary injunctions. Salomon & Ludwin, LLC v. Winters, Civil Action…
EDVA Upholds USPTO’s Calculation of Patent Term Adjustment
Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. See 35 U.S.C. § 154(b)(1). Conversely, the USPTO can reduce a patent term adjustment to account for delays caused by the patent applicant. See 35 U.S.C. § 154(b)(2)(C). In…
Expert on Proxy Statement Disclosures Excluded Under Daubert
A recent decision by Judge Novak in a securities case provides some helpful reminders on expert witness practice, particularly in commercial litigation, in the EDVA.…
EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale
A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States.…
First Amendment Presumption of Access to Summary Judgment Filings Attaches Upon Filing
The Fourth Circuit has clarified the standard for evaluating a nonparty’s attempt to access sealed summary judgment filings under the First Amendment. In United States ex rel. Oberg v. Nelnet, Inc., — F.4th –, No. 23-1808, 2024 U.S. App. LEXIS 14786 (4th Cir. June 18, 2024) (Op.), the Fourth Circuit examined a nonparty’s ability to…
EDVA Judge Allows Pension Investment Expert to Testify in Class Action ERISA Case
A recent decision by Senior District Judge Robert Payne on a Daubert motion in class action litigation against a pension fund offers some helpful lessons on challenging expert witnesses in the EDVA. Trauernicht v. Genworth Fin., Inc., Civil Action No. 3:22-cv-532, 2024 U.S. Dist. LEXIS 95739 (E.D.Va. May 29, 2024).…
EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse
Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such efforts face numerous hurdles, and the recent decision by U.S. District Judge Mark Davis in , Civil Action No. 4:23CV153, 2024 U.S. Dist. LEXIS…
EDVA Dismisses Challenge to Virginia Statute on Broadband Access
Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation, but states have also taken a more active role in business regulation, prompting more frequent challenges to state laws in federal courts.…