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 as their trial testimony, rather than appearing as a live witness. A recent decision by EDVA Judge David Novak granting such
Virginia Rocket Docket Blog
Timely insight on civil litigation in the federal court for the Eastern District of Virginia
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EDVA 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 that the patents were not eligible for patent protection under 35 U.S.C. § 101 and Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208 (2014).…
EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting
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, two plaintiffs convicted of felonies, who had completed their sentences, brought suit against several state officials alleging that this provision of Virginia’s Constitution…
Do 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 petition, awarded $227,357 in attorneys’ fees, and concluded that block billing records provided by the defendant’s counsel “sufficiently permit[ed] the Court to assess the hours…
The 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.…
Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between
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 engine manufacturer. What Hurts, LLC v. Volvo Penta of the Americas, LLC, Civil Action No.…
EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction
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 creating a basis for a declaratory judgment action for noninfringement. If the demand letter accuses the recipient of infringement, for…
EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens
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 local defendants. A recent decision by Judge Brinkema in the EDVA involving a contract dispute between a U.S. company…
Richmond 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 panel, titled “Procedural Pitfalls for Civil Practitioners in the Eastern District of Virginia: Insights from Senior Judge Robert E Payne,” was co-moderated…
Attorneys 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. This case helpfully illustrates the factors courts in the Fourth Circuit analyze when considering class action settlements and showcases the sizable fees plaintiffs’…