The EDVA Norfolk Blog

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

Paul, Dustin M. 11/26/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

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 order for the production of documents.  And there have been times that I have been… Read more »

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

Paul, Dustin M. 11/19/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

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 issue was whether the Defendant could keep selling “thin, stick-shaped cookies. . . partly coated… Read more »

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

Paul, Dustin M. 11/12/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

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 from the Judicial Improvements Act of 1990.[1]  28 U.S. Code § 636(b)(1)(a) provides that a… Read more »


Paul, Dustin M. 10/31/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

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.  He intentionally startled Plaintiff while she was using a set of lockers to store her… Read more »


Paul, Dustin M. 10/24/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

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 of the corporate defendant—Wharf Oyster Company, LLC.  The Plaintiff was an investor.  After a period… Read more »

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

Paul, Dustin M. 10/12/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

[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.  It can also lead to a motion to compel and the unpleasantries that often surround… Read more »

EDVA Norfolk is BACK!

Paul, Dustin M. 09/28/2020 ArticlesLegal AlertThe EDVA Norfolk Blog

The world has changed.  One day you are taking your boy to Disney, he is hugging every character in sight, and life feels carefree.  Two weeks later, you worry about going to the grocery store, and your son doesn’t even get to hug his grandparents while everything is sorted out. But we are six months… Read more »