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Articles by Dabney Carr
Lawdragon Recognizes 3 Troutman Pepper Locke Attorneys as 2027 Leading Litigators in America
Troutman Pepper Locke attorneys Dabney Carr, Jerry Clements, and Nina Gussack have been named to Lawdragon’s 2027 Leading Litigators in America list, recognizing the nation’s top litigators across all aspects of the law. Honorees are selected through Lawdragon’s journalistic research, nominations, and vetting with peers, clients, and other professionals.
Analogies to Federal Law in the State Regulatory Context
Law.com CompassLaw.com RadarVerdict SearchScholarChina Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Expert OpinionRegulation 7 minute readAugust 19, 2025 By Photo: Fotofabrika via Adobe Stock As the federal government pursues a deregulatory agenda, state regulators are increasing their enforcement activities to fill perceived gaps in oversight.
EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions | JD Supra
In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory and unconscionable. , Civil Action No. 1:23-cv-574 (RDA-LRV), 2024 U.S. Dist. LEXIS 141570 (E.D. Va. Aug. 8, 2024). The “Sneak Into Basket” Tactic The plaintiff, Eleanor Lovinfosse, purchased a washing machine through the Lowe’s website.
Preliminary Injunction Granted Against Former Employees of Wealth Management Firm | JD Supra
A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the EDVA on requests for preliminary injunctions. Salomon & Ludwin, LLC v. Winters, Civil Action No. 3:24-cv-389 (HEH), 2024 U.S. Dist. LEXIS 13038 (July 23, 2024).
Preliminary Injunction Granted Against Former Employees of Wealth Management Firm
A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the EDVA on requests for preliminary injunctions. Salomon & Ludwin, LLC v. Winters, Civil Action No. 3:24-cv-389 (HEH), 2024 U.S. Dist. LEXIS 13038 (July 23, 2024).
EDVA Upholds USPTO’s Calculation of Patent Term Adjustment | JD Supra
Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. See 35 U.S.C. § 154(b)(1). Conversely, the USPTO can reduce a patent term adjustment to account for delays caused by the patent applicant. See 35 U.S.C. § 154(b)(2)(C).
Expert on Proxy Statement Disclosures Excluded Under Daubert | JD Supra
A recent decision by Judge Novak in a securities case provides some helpful reminders on expert witness practice, particularly in commercial litigation, in the EDVA. Pulzone v. Kaleyra, Inc. involves the merger of a privately held Italian company, Kaleyra, with a publicly traded special purpose acquisition company (SPAC).
Fed. Circ. Offers Guidance on Right to Repair in Patent Law | JD Supra
Published in Law360 on April 5, 2024. © Copyright 2024, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company.
EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale | JD Supra
A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States. Background Zhejiang Hailiang Co. Ltd. v.
EDVA Judge Allows Pension Investment Expert to Testify in Class Action ERISA Case | JD Supra
A recent decision by Senior District Judge Robert Payne on a Daubert motion in class action litigation against a pension fund offers some helpful lessons on challenging expert witnesses in the EDVA. Trauernicht v. Genworth Fin., Inc., Civil Action No. 3:22-cv-532, 2024 U.S. Dist. LEXIS 95739 (E.D.Va. May 29, 2024).
EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse | JD Supra
Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such efforts face numerous hurdles, and the recent decision by U.S. District Judge Mark Davis in , Civil Action No. 4:23CV153, 2024 U.S. Dist.
EDVA Dismisses Challenge to Virginia Statute on Broadband Access | JD Supra
Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation, but states have also taken a more active role in business regulation, prompting more frequent challenges to state laws in federal courts.
EDVA Permits Plaintiff to Use Her Deposition as Trial Testimony | JD Supra
It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial testimony, rather than appearing as a live witness.
EDVA Permits Plaintiff to Use Her Deposition as Trial Testimony
It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial testimony, rather than appearing as a live witness.
EDVA Judge Finds Driver Scheduling Patents Invalid | JD Supra
In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were not eligible for patent protection under 35 U.S.C. § 101 and Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208 (2014). DriverDo, LLC , d/b/a Draiver v. Social Auto Transport, Inc., d/b/a HopDrive, Civil Action No. 3:23cv265-MHL, 2024 U.S. Dist. LEXIS 58460 (E.D.Va. March 29, 2024).
EDVA Judge Finds Driver Scheduling Patents Invalid
In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were not eligible for patent protection under 35 U.S.C. § 101 and Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208 (2014). DriverDo, LLC , d/b/a Draiver v. Social Auto Transport, Inc., d/b/a HopDrive, Civil Action No. 3:23cv265-MHL, 2024 U.S. Dist. LEXIS 58460 (E.D.Va. March 29, 2024).
EDVA Judge Finds Driver Scheduling Patents Invalid
In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were not eligible for patent protection under 35 U.S.C. § 101 and Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208 (2014). DriverDo, LLC , d/b/a Draiver v. Social Auto Transport, Inc., d/b/a HopDrive, Civil Action No. 3:23cv265-MHL, 2024 U.S. Dist. LEXIS 58460 (E.D.Va. March 29, 2024).
Guidance On The Right To Repair In Patent Infringement
ADVERTISEMENT Don't want ads? Subscribe or login now. By Dustin Weeks and Dabney Carr (April 5, 2024, 4:40 PM EDT) -- For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company....
Fed. Circ. Offers Guidance On Right To Repair In Patent Law
ADVERTISEMENT Don't want ads? Subscribe or login now. By Dustin Weeks and Dabney Carr (April 5, 2024, 4:40 PM EDT) -- For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company....
Fed. Circ. Offers Guidance On Right To Repair In Patent Law
ADVERTISEMENT Don't want ads? Subscribe or login now. By Dustin Weeks and Dabney Carr (April 5, 2024, 4:40 PM EDT) -- For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company....
EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting | JD Supra
Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs convicted of felonies, who had completed their sentences, brought suit against several state officials alleging that this provision of Virginia’s Constitution violated the Virginia Readmission Act (the VRA). King v. Youngkin, et al., Civil Action No. 3:23CV408.
EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting
Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs convicted of felonies, who had completed their sentences, brought suit against several state officials alleging that this provision of Virginia’s Constitution violated the Virginia Readmission Act (the VRA). King v. Youngkin, et al., Civil Action No. 3:23CV408.
EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting
Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs convicted of felonies, who had completed their sentences, brought suit against several state officials alleging that this provision of Virginia’s Constitution violated the Virginia Readmission Act (the VRA). King v. Youngkin, et al., Civil Action No. 3:23CV408.
The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs | JD Supra
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. First, where the plaintiff is a Virginia resident, the EDVA will give the choice of forum significant deference. Thus, a Virginia resident starts with a considerable leg up in the venue transfer analysis.
The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs
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. First, where the plaintiff is a Virginia resident, the EDVA will give the choice of forum significant deference. Thus, a Virginia resident starts with a considerable leg up in the venue transfer analysis.
The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs
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. First, where the plaintiff is a Virginia resident, the EDVA will give the choice of forum significant deference. Thus, a Virginia resident starts with a considerable leg up in the venue transfer analysis.
Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between | JD Supra
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 Hurts, LLC v. Volvo Penta of the Americas, LLC, Civil Action No. 2:22cv552, 2024 U.S. Dist. LEXIS 3063 (E.D.Va. Jan.
Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between
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 Hurts, LLC v. Volvo Penta of the Americas, LLC, Civil Action No. 2:22cv552, 2024 U.S. Dist. LEXIS 3063 (E.D.Va. Jan.
EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction | JD Supra
One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a declaratory judgment action for noninfringement.
EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction
One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a declaratory judgment action for noninfringement.
EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens | JD Supra
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 recent decision by Judge Brinkema in the EDVA involving a contract dispute between a U.S. company and a Saudi Arabian shipyard and the Saudi Ports Authority, however, demonstrates the limits of that strategy. Background AdvanFort Co. v. Zamil Offshore Svcs.
EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens
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 recent decision by Judge Brinkema in the EDVA involving a contract dispute between a U.S. company and a Saudi Arabian shipyard and the Saudi Ports Authority, however, demonstrates the limits of that strategy. Background AdvanFort Co. v. Zamil Offshore Svcs.
Lawsuit Against the National Trust Over Preservation of Historic Home Dismissed | JD Supra
Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres were donated to the National Trust for Historic Preservation in 1965, and the property is managed by Oatlands, Inc. (Oatlands) under a series of co-stewardship agreements with the National Trust.
Lawsuit Against the National Trust Over Preservation of Historic Home Dismissed
Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres were donated to the National Trust for Historic Preservation in 1965, and the property is managed by Oatlands, Inc. (Oatlands) under a series of co-stewardship agreements with the National Trust.
EDVA Judge Grants Preliminary Injunction Requiring Property Seller to Execute Rezoning Proffer | JD Supra
As we posted here and here, a defining aspect of practice in the EDVA’s rocket docket is the ability to quickly obtain preliminary relief. A recent decision by Judge Leonie Brinkema again illustrates how swiftly the court can move. GW Acquisition Co., LLC v. Pageland Limited Liability Co., Case No. 1:23-cv-1207, 2023 U.S. Dist. LEXIS 181048 (Oct. 6, 2023).
EDVA Judge Grants Preliminary Injunction Requiring Property Seller to Execute Rezoning Proffer
As we posted here and here, a defining aspect of practice in the EDVA’s rocket docket is the ability to quickly obtain preliminary relief. A recent decision by Judge Leonie Brinkema again illustrates how swiftly the court can move. GW Acquisition Co., LLC v. Pageland Limited Liability Co., Case No. 1:23-cv-1207, 2023 U.S. Dist. LEXIS 181048 (Oct. 6, 2023).
EDVA Judge Denies Motion to Strike New Evidence in Reply Brief and Transfers Patent Case to California
In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking Solutions LLC .v Juniper Networks, Inc., Case No. 1:23 CV670, Dkt. No. 70 (E.D.Va. Oct. 3, 2023).
Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward | JD Supra
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room to be built in Williamsburg. Michael Pellis Architecture PLC v. M.L. Bell Construction LLC, Civil Action No. 3:22CV470 (DJN), 2023 U.S. Dist. LEXIS 169697 (E.D.Va. Sept.
Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room to be built in Williamsburg. Michael Pellis Architecture PLC v. M.L. Bell Construction LLC, Civil Action No. 3:22CV470 (DJN), 2023 U.S. Dist. LEXIS 169697 (E.D.Va. Sept.
EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101 | JD Supra
On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible subject matter under 35 U.S.C. § 101. Geoscope Technologies PTE, LTD. v. Apple Inc., Case No. 1:22CV1373, 2023 U.S. Dist. LEXIS 165795 (E.D.Va. Sept. 18, 2023); Geoscope Technologies PTE, LTD. v. Google LLC, Case No. 1:22CV1331, 2023 U.S. Dist. LEXIS 165802 (E.D.Va. Sept. 18, 2023).
EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101
On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible subject matter under 35 U.S.C. § 101. Geoscope Technologies PTE, LTD. v. Apple Inc., Case No. 1:22CV1373, 2023 U.S. Dist. LEXIS 165795 (E.D.Va. Sept. 18, 2023); Geoscope Technologies PTE, LTD. v. Google LLC, Case No. 1:22CV1331, 2023 U.S. Dist. LEXIS 165802 (E.D.Va. Sept. 18, 2023).
Using a Company Witness as a Subject Matter Expert on a Company’s Products | JD Supra
It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a witness testifies as a fact witness offering testimony based on his or her personal knowledge under Fed. R. Evid. 602, rather than as an expert witness offering opinion testimony under Fed. R. Evid. 702.
Using a Company Witness as a Subject Matter Expert on a Company's Products
It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a witness testifies as a fact witness offering testimony based on his or her personal knowledge under Fed. R. Evid. 602, rather than as an expert witness offering opinion testimony under Fed. R. Evid. 702.
Virginia Moves to Dismiss Suit Claiming Denial of Voting Rights to Felons Violates Civil War Era Statute | JD Supra
In June, four individuals and an advocacy organization for previously incarcerated individuals brought suit in the Eastern District of Virginia against several state and local officials alleging that Virginia was denying voting rights to some felons in violation of an 1870 statute, which set conditions for readmission of Virginia’s representatives to Congress after the Civil War. King, et al. v. Youngkin, et al., Case No. 3:23CV408 (EDVA June 26, 2023).
Virginia Moves to Dismiss Suit Claiming Denial of Voting Rights to Felons Violates Civil War Era Statute
In June, four individuals and an advocacy organization for previously incarcerated individuals brought suit in the Eastern District of Virginia against several state and local officials alleging that Virginia was denying voting rights to some felons in violation of an 1870 statute, which set conditions for readmission of Virginia’s representatives to Congress after the Civil War. King, et al. v. Youngkin, et al., Case No. 3:23CV408 (EDVA June 26, 2023).
EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions | JD Supra
In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards Act (FLSA). Hernandez v. KBR Servs., LLC, Civil Action No. 3:22CV530-HEH, 2023 U.S. Dist. LEXIS 140795 (E.D.Va. Aug. 11, 2023).
EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions
In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards Act (FLSA). Hernandez v. KBR Servs., LLC, Civil Action No. 3:22CV530-HEH, 2023 U.S. Dist. LEXIS 140795 (E.D.Va. Aug. 11, 2023).
EDVA Judge Holds That a Temporary Restraining Order Ends at the Close of Business on the Day of Expiration | JD Supra
Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after the close of business on the date the TRO expires is untimely because “the TRO had already expired at the time that the Plaintiff moved the Court” for an extension. XYZ Corporation v.
EDVA Judge Holds That a Temporary Restraining Order Ends at the Close of Business on the Day of Expiration
Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after the close of business on the date the TRO expires is untimely because “the TRO had already expired at the time that the Plaintiff moved the Court” for an extension. XYZ Corporation v.
EDVA Judge Denies Motion to Seal Parties’ Settlement | JD Supra
Much like our recent egarding an EDVA judge’s denial of a joint request to vacate the court’s earlier rulings after a settlement, another recent EDVA decision reinforces that EDVA judges are unwilling to simply rubber-stamp actions that parties agree to as part of a settlement. In A.P.G. v. Fisher-Price, Inc., Case No. 3:22CV112 (DJN), 2023 U.S.Dist. LEXIS 117193 (E.D.Va. July 7, 2023), the parties reached a settlement, which required court approval.
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