MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter comes before the Court on Defendant Medstar Health Visiting Nurse Association's ("Medstar") Motion to Dismiss [Dkt. 61] ("Medstar MTD"), Defendant Kathleen Ammirati's Motion to Dismiss [Dkt. 64] ("Ammirati MTD"), Defendants Americare In Home Nursing ("Americare") and Kathleen Ammirati's Joint Motion to Dismiss [Dkt. 66] ("Americare MTD"), and Defendants Eileen Dohmann and Visiting Nurse Service Network, Inc.'s ("VNSN") Motion...
MEMORANDUM OPINION AND ORDER RAYMOND A. JACKSON, District Judge. Before the Court is the Joint Motion of Defendants to Dismiss Count One of the Superseding Indictment pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure. The Court held a hearing on this motion on July 29, 2010. For the reasons stated herein, the Defendants' Motion to Dismiss Count One is GRANTED. I. FACTUAL AND PROCEDURAL HISTORY Defendants were named in a live-count Indictment on April 21, 2010. On July...
MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This case illustrates the importance of precision in setting a cancellation date for a life insurance policy. Before the Court are the parties' Cross Motions for Summary Judgment. For the following reasons, the Court will grant summary judgment in favor of Plaintiffs. I. Background The following facts are undisputed. On June 1, 2004, Aviva Life and Annuity Company ("Aviva" or "Defendant") issued a Term Life Insurance Policy (the "Policy"...
MEMORANDUM OPINION T.S. ELLIS, III, District Judge. This patent infringement suit was brought by the foreign owner of the patents in suit and its affiliated Virginia distributor. Defendant seeks first the threshold dismissal of the Virginia distributor for lack of standing, and then a transfer of venue pursuant to 28 U.S.C. 1404(a) given that dismissal of the Virginia plaintiff. To remedy the standing deficiency, plaintiffs then, without leave of court, file an amended complaint alleging...
MEMORANDUM OPINION AND ORDER REBECCA BEACH SMITH, District Judge. This is a patent infringement action filed by plaintiff Fox Group ("Fox"), against defendants Cree, Inc. ("Cree") and Dow Corning Corporation ("Dow Corning"). This matter comes before the court on Dow Coming's Motion to Dismiss and, in the Alternative, to Transfer. For the reasons set forth herein, Dow Coming's motion to transfer venue is GRANTED, and the pending action against Dow Corning is TRANSFERRED to the United...
OPINION AND ORDER MARK S. DAVIS, District Judge. This matter is before the Court on the following motions filed by defendants Mohammed Modin Hasan ("Hasan"), Gabul Abdullahi Ali ("Ali"), Abdi Wali Dire ("Dire"), Abdi Mohammed Gurewardher ("Gurewardher"), and Abdi Mohammed Umar ("Umar") (collectively, the "Defendants"): (1) Defendants' separately filed motions to suppress statements. Docket Nos. 73 (Ali), 79 (Hasan), 85 (Gurewardher), 87 (Dire), and 104 (Umar). (2) Hasan's motions to...
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on DEFENDANTS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL (Docket Nos. 114 and 115). 1 The Defendants are: R & L Carriers Shared Services, LLC ("R & L"), Frank Dominic Finley ("Finley"), James Lee Bullard, Jr. ("Billiard"), and David John McGinnis, Sr. ("McGinnis"), (collectively "the Defendants"). If their motion is not granted, they seek a remittitur....
OPINION REBECCA BEACH SMITH, District Judge. This matter comes before the court on R.M.S. Titanic, Inc.'s ("RMST") Motion for a Salvage Award ("Motion") filed on November 30, 2007. 1 The court held an evidentiary hearing on RMST's Motion on October 26-29, 2009, and on November 2 and 23, 2009. For the reasons set forth below, the court GRANTS RMST's motion for a salvage award in the amount of ONE HUNDRED PERCENT (100%) the fair market value of the artifacts recovered in the 1993, 1994,...
ORDER T.S. ELLIS, III, District Judge. This race discrimination case brought pursuant to Title VII of the Civil Rights Act of 1964 1 presents the question—not yet addressed in the federal courts— whether the indirect subsidiary of an Alaska Native Corporation is excepted from the scope of Title VII's prohibition on unlawful employment practices on the ground that the indirect subsidiary is not a Title VII "employer" under 43 U.S.C. 1626(g). In this case, defendant Portico Reality Services...
MEMORANDUM OPINION (Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss) HENRY E. HUDSON, District Judge. This is a constitutional challenge to that portion of Virginia Code Section 24.2 imposing a district residency requirement for persons circulating petitions for independent candidates for the United States House of Representatives. Section 24.2-506 prescribes that any candidate for public office, other than a party nominee, is required to submit a petition...
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on Defendants' MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT (Docket No. 309). To the extent that the Defendants seek judgment as to literal infringement, genuine issues of material fact exist and the motion is denied. For the reasons set forth below, the motion is granted to the extent that it asserts that no genuine issue of material fact exists as to infringement under the doctrine of equivalents....
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on the Defendants' MOTION FOR SUMMARY JUDGMENT OF NO WILLFUL INFRINGEMENT AND NO PRE-SUIT DAMAGES (Docket No. 314). For the reasons set forth below, the motion is granted to the extent that it seeks to limit pre-suit damages and denied as moot to the extent that it seeks summary judgment for no willful infringement. BACKGROUND The Plaintiff, WiAV Solutions LLC ("WiAV") asserts a claim against the...
ORDER ROBERT G. DOUMAR, District Judge. This matter comes before the Court on a Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Morris-Griffin Corporation ("MGC") on June 24, 2010. Plaintiff seeks to enjoin Defendant C & L Service Corporation ("CLS") from withholding payments allegedly due under the parties' subcontract agreement, and to require CLS to restore MGC's access to a joint account. The Court finds that MGC and CLS deliberately procured a...
MEMORANDUM OPINION CLAUDE M. HILTON, District Judge. This matter comes before the Court on the parties' cross-motions for summary judgment. The Medicines Company ("MDCO") is a pharmaceutical company that specializes in developing acute care medicines. This case involves an anticoagulant called ANGIOMAX, that works by directly inhibiting a key contributor to the formation of blood clots. MDCO filed a new drug application for ANGIOMAX on December 23, 1997. The FDA approved that application...
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on Defendant HOMELAND HOUSEWARES, LLC'S MOTION TO DISQUALIFY STEPTOE & JOHNSON LLP (Docket No. 96). 1 For the reasons that follow, the motion will be granted. BACKGROUND The Plaintiff, Sunbeam Products, Inc. ("Sunbeam") asserts claims for infringement of two patents against the Defendants, Hamilton Beach Brands, Inc. ("Hamilton Beach"), Homeland Housewares, LLC ("Homeland"), Alchemy Worldwide, LLC ("...
MEMORANDUM OPINION T.S. ELLIS, III, District Judge. Following a three day trial, a jury convicted defendant of all counts of a three-count indictment charging him with (i) bulk cash smuggling in violation of 31 U.S.C. 5332; (ii) failing to file a currency transportation report in violation of 31 U.S.C. 5324; and (iii) making a false statement in violation of 18 U.S.C. 1001. Defendant now seeks a new trial pursuant to Rule 33, Fed. R.Crim. P., on three grounds: (i) prosecutorial...
MEMORANDUM OPINION T.S. ELLIS, III, District Judge. In this removed diversity products liability matter, plaintiff claims defendant's hormone therapy product, Prempro, caused or aggravated her breast cancer. Because numerous suits of this nature were filed in many jurisdictions, the Judicial Panel on Multidistrict Litigation convened multidistrict litigation ("MDL") proceedings in the Eastern District of Arkansas, and this matter was transferred to that district for participation in the MDL...
MEMORANDUM OPINION (Granting in Part and Denying in Part Defendants' Motion to Dismiss) HENRY E. HUDSON, District Judge. This is an action seeking rescission of a mortgage loan transaction under the Truth-in-Lending Act, 15 U.S.C. 1601, et seq. ("TILA"). The Amended Complaint seeks declaratory judgment validating Plaintiffs notice of rescission and establishing terms and conditions for unwinding the transaction. The case is presently before the Court on a Motion to Dismiss filed...
OPINION AND ORDER HENRY COKE MORGAN, JR., Senior District Judge. This is a declaratory judgment action concerning an insurance coverage dispute. On November 23, 2010, a hearing on the parties' competing motions for summary judgment was convened. At the conclusion of that hearing, for the reasons explained herein, the Court ruled from the bench and GRANTED partial summary judgment in favor of Defendant Block Roofing Corp. ("Block"). I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY In 2007,...
MEMORANDUM OPINION (Cross Motions for Summary Judgment) HENRY E. HUDSON, District Judge. In this case, the Commonwealth of Virginia (the "Commonwealth"), through its Attorney General, challenges the constitutionality of the pivotal enforcement mechanism of the health care scheme adopted by Congress in the Patient Protection and Affordable Care Act ("ACA" or "the Act"), Pub. L. No. 111-148, 124 Stat. 119 (2010). At issue is Section 1501 of the Act, commonly known as the Minimum Essential...
