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....more
2/2/2024
/ Airlines ,
Aviation Industry ,
Business Litigation ,
Choice-of-Law ,
Choice-of-Venue ,
Class Action ,
Forum ,
Forum Selection ,
Jurisdiction ,
Misleading Statements ,
Motion to Transfer ,
Principal Place of Business ,
Venue ,
Virginia
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...more
1/30/2024
/ Breach of Contract ,
Breach of Warranty ,
Business Litigation ,
Choice-of-Law ,
Commercial Litigation ,
Contract Disputes ,
Contract Terms ,
Duty to Disclose ,
Express Warranty ,
Fraud ,
Fraudulent Concealment ,
Jurisdiction ,
Parol Evidence ,
Release Agreements ,
Summary Judgment ,
Uniform Commercial Code (UCC) ,
Virginia
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...more
1/3/2024
/ Bailments ,
Business Disputes ,
Business Litigation ,
Contract Disputes ,
Conversion ,
Damages ,
Forum Non Conveniens ,
Gross Negligence ,
Personal Jurisdiction ,
Ports ,
Saudi Arabia ,
Transfer of Venue ,
Venue ,
Vessels ,
Virginia
We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more
On May 17, in an apparent case of first impression in the Fourth Circuit, an Eastern District of Virginia (EDVA) judge granted an “anti-suit injunction,” barring a plaintiff from filing suit on a claim in any other...more
From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more
6/20/2023
/ Business Litigation ,
Forum Selection ,
Intellectual Property Protection ,
Jurisdiction ,
Motion to Transfer ,
Out-of-State Companies ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Transfer of Venue ,
Virginia