Does the standard Virus Exclusion in an all-risk policy cover government-ordered COVID-19 shutdowns? Judges in the EDVA disagree.

When the wave of shutdown orders hit small businesses in the Spring and Summer of 2020, many owners looked at their insurance policies to see if they had insurance coverage for their business losses. Buried in the standard policy was… Read more

December 11, 2020 | Legal Alert

Magistrate Judge Leonard holds that the FRCP Require Parties to Sign Authorizations

By Dustin M. Paul

As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records. Federal statutes may create confidentiality issues, or a state agency may require a Court… Read more

November 26, 2020 | Legal Alert

Non-EDVA Opinion of the Month: Candy Sticks and the 3rd Circuit

By Dustin M. Paul

Intellectual Property law—be it patent, trademark, or trade dress—can sometimes center a huge financial dispute on a remarkably simple issue. The Third Circuit reinforced that idea with its recent decision in Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At… Read more

November 19, 2020 | Legal Alert

To Lawyers, “R&R” Doesn’t Only Refer to Rest and Relaxation

By Dustin M. Paul

The Norfolk and Newport News divisions are blessed with three experienced and able magistrate judges. The judicial office of magistrate judge was created by statute in 1968—more accurately, the position was created in 1968, but the title Magistrate Judge came… Read more

November 12, 2020 | Legal Alert

LOCAL FBA CHAPTER ANNUAL MEETING on November 10, 2020

By Dustin M. Paul

You can have the rare opportunity to hear from both Chief Judge Davis and from Judge Novak all from the comfort of your own office. You can even skip the tie with no fear of a finding of contempt. On… Read more

November 5, 2020 | Legal Alert

BOOOOO!

By Dustin M. Paul

As a special Halloween Treat, we look at a recent Motion to Dismiss ruling by Judge Doumar. The facts are colorful. An unidentified SeaWorld employee, dressed as a clown, was working at the Howl-O-Scream event at Busch Gardens in 2018. … Read more

October 31, 2020 | EDVA Norfolk Local Counsel | Legal Alert

OYSTER FIGHT!

By Dustin M. Paul

I spend a lot of time handling cases on or near the waterfront. One recent opinion caught my eye. Judge Jackson ruled on a Motion to Dismiss concerning an oyster farm and distribution business. The individual defendants were the founders… Read more

October 24, 2020 | EDVA Norfolk Local Counsel | Legal Alert

Let Your Fingers Fly—At Least in North Carolina

By Dustin M. Paul

As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle finger extended.” … Read more

October 17, 2020 | EDVA Norfolk Local Counsel | Legal Alert

The Power of the Court Compels You: The Frequency and Result of Motions to Compel in the Norfolk and Newport News Divisions of the Eastern District of Virginia

By Dustin M. Paul, Jennifer L. Eaton

[Reprinted from “Fed Tide”—newsletter of the Hampton Roads Chapter of the Federal Bar Association. If you are not a member, and you practice in Hampton Roads, you should be!] Few litigators like discovery. It can be extensive, expensive, and irritating. … Read more

October 12, 2020 | EDVA Norfolk Local Counsel | Legal Alert

Welcome Back to Hampton Roads Judge Roderick Young

By Dustin M. Paul

On a vote of 93-2, the Senate confirmed the EDVA’s newest judge. The Honorable Roderick C. Young will now preside over cases in Hampton Roads. Who are the two senate holdouts? Chuck Schumer of New York and Richard Blumenthal of… Read more

October 5, 2020 | EDVA Norfolk Local Counsel | Legal Alert

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