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Malicious Wounding at Union Jack in Arlington (Ballston) – April 6, 2013

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Arlington Police report that four men were arrested and charged with Malicious Wounding on April 6, 2013.  The men were allegedly involved in a fight wherein a fifth man was stabbed 7 times in his torso, upper body, groin, and thigh area.  The fight was reported to have occurred in front of Union Jack restaurant in the Ballston Commons Mall around midnight. The accused are David Bhatti, Heber Amaya-Gallo, Gustavo Lopez, and Naveed Mughal.  This

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FCA Claim Cannot Survive On Allegations of Fraudulent Conduct Alone; Must Assert A Fraudulent Claim For Payment

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The False Claims Act (“FCA”) is the primary vehicle used by the Federal Government to protect itself against fraud.  The FCA permits a private whistleblower (a “Relator”) to sue a contractor in the name of the United States, and to be awarded a portion of the damages recovered by the government.  That is exactly what a former employee attempted to do when he brought a claim against the largest contractor for the United States Army,

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“Lumping” Multiple Defendants Together Backfires for Plaintiffs; Court Has Discretion to Control Its Docket

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A litigant who files a very aggressive lawsuit can sometimes slow down, rather than advance, his or her case.  That is exactly what happened to a retired physician and his irrevocable trust, after they brought suit in Virginia Federal Court against five separate defendants in order to recover over $1 million allegedly defrauded from them.  The case is Cook v. John Hancock Life Ins. Co. The dispute in the case arises out of the physician’s

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Are employee arbitration agreements a good idea?

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Opinions vary, but most employment lawyers believe that they are not worth the effort and expense outside of special industries and unique circumstances.  Many issues arise when employers seek to bind their employees to arbitration agreements.  The U.S. Supreme Court has ruled that employee arbitration agreements must provide at least the same level of protections that employees would have under federal law.  This means that they must be able to recover the same remedies (including

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Virginia Decides Issue of First Impression: Unserved Defendant Cannot Remove Diversity Case to Federal Court

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According to a recent ruling in a case of first impression arising out of the Norfolk Division of the Eastern District of Virginia, a defendant who is a citizen of the forum state cannot remove a diversity case to federal court, even if the defendant has not yet been served with formal process, because to hold otherwise would be “absurd.” In Campbell v. Hampton Bankshares, Inc., et al., two Virginia banks were sued by their

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