The EDVA Norfolk Blog

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

Paul, Dustin M. 12/11/2020 Legal Alert

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 a provision that looked daunting: “Fungi”, Wet Rot, Dry Rot, Bacteria And Virus: We will… Read more »

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

Paul, Dustin M. 11/19/2020 Legal Alert

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 Legal Alert

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. 11/05/2020 Legal Alert

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 Tuesday, November 10, 2020, at Noon, the Hampton Roads Chapter of the Federal Bar Association… Read more »


Paul, Dustin M. 10/31/2020 Legal Alert

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 Legal Alert

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 »

Let Your Fingers Fly—At Least in North Carolina

Paul, Dustin M. 10/17/2020 Legal Alert

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.”  We thought the decision was wrong, and we praised the dissent by Judge Arrowood. Justice… 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 Legal Alert

[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 »

Welcome Back to Hampton Roads Judge Roderick Young

Paul, Dustin M. 10/05/2020 Legal Alert

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 Connecticut. In contrast, the two Virginia Senators said in a press statement that “Roderick Young… Read more »