Litigation

Recent Posts

Associated Press Reporter Accused Of Libel By Tweet
Posted on 11 Apr 2011 by Lee Berlik

Did an Associated Press reporter commit a foul against an NBA referee earlier this year by defaming him on Twitter during a league game? On March 14, 2011, National Basketball Association official Bill Spooner filed a federal defamation case against Associated... Read More

Failure To Demonstrate Basis For Subject Matter Jurisdiction Can Lead To Monetary Sanctions
Posted on 14 Feb 2013 by Lee Berlik

If you're going to file a lawsuit against someone, you'd better explain the basis for it. A complaint doesn't need to include much detail, but it must at least allege facts showing that you've been wronged and that you are entitled to... Read More

Yves Saint-Laurent Sued For Trademark Infringement Of Distinctive Red Soles
Posted on 27 Apr 2011 by Lee Berlik

A new line of women's footwear now being sold by Yves Saint-Laurent has high-end French shoe designer Christian Louboutin seeing red. Louboutin's companies, asserting that a new line of red Yves Saint-Laurent shoes violates their U.S. trademark... Read More

Consumer Web Site Review Of Texas Lawyer Leads To Defamation Lawsuit
Posted on 26 Apr 2011 by Lee Berlik

Consumer review sites continue to grow in popularity. Sites like Angie's List , Avvo , and Yelp (to name but a few) allow people to post their experiences with lawyers, doctors, hairdressers, restaurants, roofers, and just about anyone else, and assign... Read More

Virginia Federal Judge Bars Former Attorney From Filing Frivolous Lawsuits
Posted on 30 Mar 2012 by Lee Berlik

When former attorney Ann Marie Miller had a bone to pick with Jennifer Ann Kelley, Miller used her knowledge of the legal system to represent herself in numerous suits of questionable merit against Kelley, according to Judge Wilson of the Western District... Read More

Laffey Matrix, Grissom Table Considered In Lowering Attorneys' Fees
Posted on 19 Oct 2012 by Lee Berlik

The Laffey Matrix is used as a guideline for reasonable attorney fees in the Washington-Baltimore area. An updated version is available that adjusts the rates for the high cost of living. Virginia courts are not bound by the Laffey Matrix, but the Fourth... Read More

Virginia Federal Judge Finds Computer Fraud And Abuse Act Claim Supportable Without Cash Loss
Posted on 18 May 2011 by Lee Berlik

What kind of expense amounts to a "loss" under the Computer Fraud and Abuse Act (CFAA), and did a Virginia litigation-support company incur the required minimum of $5,000 in losses when it investigated an alleged breach of its computer systems... Read More

Radio Station Lawyers Say Complaints To Advertisers Is Defamation, Tortious Interference
Posted on 30 Apr 2012 by Lee Berlik

Not everyone was happy when KIBZ 104.1 FM (The Blaze) replaced its rock format with new programming. One unhappy listener tried contacting the radio station to express his displeasure but had trouble reaching a live person. So he took his complaints to... Read More

Tortious Interference, Conspiracy Claims By Virginia Lawyer Dismissed
Posted on 10 Jan 2012 by Lee Berlik

In a dispute between two Virginia lawyers, a U.S. District Judge has rejected attorney Cynthia Smith's claim that another attorney, Timothy Purcell, interfered with her contract with a client and caused her to suffer nearly $4 million in financial... Read More

Lawyer's Defamation Arguments Rejected In Virginia Court, Town Dismissed From Lawsuit
Posted on 10 Jun 2011 by Lee Berlik

When SolAVerde's attorney spoke to the media about his client's defamation claims against the Town of Front Royal and certain councilmen, he sounded pretty confident. The court, however, disagreed with his arguments and dismissed the Town from... Read More

In Lawyer's Defamation Action, Draft Complaint Afforded Absolute Privilege
Posted on 7 Jun 2011 by Lee Berlik

Virginia courts have long held that statements made in connection with judicial proceedings are entitled to absolute protection from defamation liability. To encourage truthfulness in litigation, Virginia public policy has extended an absolute privilege... Read More

Res Judicata: Double Jeopardy's Civil Lawsuit Cousin
Posted on 16 Apr 2013 by Lee Berlik

When Cecil Addison was passed over for promotion, he sued Volvo Trucks North America and Ivan Mitchell in the Western District of Virginia for breach of contract and discrimination. Volvo Trucks had a contract agreement with the United Auto Workers Union... Read More

Virginia Judge Enjoins Former Attorney From Frivolous Litigation
Posted on 6 Apr 2012 by Lee Berlik

When former attorney Ann Marie Miller had a bone to pick with Jennifer Ann Kelley, Miller used her knowledge of the legal system to represent herself in numerous suits of questionable merit against Kelley, according to Judge Wilson of the Western District... Read More

Virginia's High Court Rules On Law Of Fraudulent Conveyances In Apartments Sale Dispute
Posted on 14 Oct 2011 by Lee Berlik

Once a plaintiff has introduced evidence to establish a " badge of fraud ," a prima facie case of fraudulent conveyance is established and the burden shifts to the defendant to establish that the transaction was not fraudulent. So held the Virginia... Read More

Lacoste Granted Limited Discovery In Lawsuit Over Sales In 'Big Box' Stores
Posted on 14 Apr 2011 by Lee Berlik

Lacoste Alligator, S.A., which sells tennis shirts and other apparel with the distinctive green crocodile logo in high-end stores like Nordstrom and Saks Fifth Avenue, will get a chance to find out, through discovery in a lawsuit, which of its distributors... Read More