Virgin Islands Law Blog

Virgin Islands Law Blog

U.S. Virgin Islands law & politics

Category Archives: Litigation

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BoltNagi Attorney Kömives Wins Third Circuit Appeal in Intellectual Property Case

Posted in Litigation
This summer, attorney Lisa Michelle Kömives of BoltNagi briefed and argued a winning appeal on behalf of Defendants, Virgin Island Sailing School and its founder, H. Scott Dempster, where the federal Third Circuit Court of Appeal upheld the District Court of the Virgin Islands’ (“District Court”) dismissal of trade dress infringement and unjust enrichment claims … Continue Reading

Understanding Copyright, Trademark and Other Intellectual Property Issues in the U.S. Virgin Islands

Posted in Litigation
It’s easy to confuse copyrights, trademarks, service marks, patents and other intellectual property protections, but they all serve quite different purposes. To effectively safeguard your work and the intellectual property that keeps your business ahead of the competition, it’s important to know the differences between these protections and which one is appropriate for your needs. … Continue Reading

The Benefits of Using Mediation to Resolve Business Disputes

Posted in Corporate & Financial Services, Litigation
If you own or operate a business, it’s possible that you will find yourself in disputes from time to time. These conflicts can quickly become very heated, but mediation is often an effective alternative to engaging in expensive and time-consuming litigation. Business disputes may be related to nonbinding verbal agreements, breach of contract and employment … Continue Reading

Superior Court Rules in Favor of Defendant to Enforce Settlement Agreement

Posted in Litigation
When plaintiffs in auto accident cases approve an offer for damages from defendants or their insurance companies, they will likely be obligated to accept the terms, even if new information arises. On January 15, the Superior Court of the Virgin Islands issued an opinion stating that the plaintiff in a recent lawsuit cannot challenge a … Continue Reading

What is Forum Non Conveniens and is it Important?

Posted in Litigation
Forum non conveniens is the discretionary power of a court to decline its jurisdiction in cases where another court may more conveniently hear a case. As the U.S. Virgin Islands is roughly 1000 miles from the U.S. mainland, an individual or company faced with litigation may see this doctrine arise.  The U.S. Third Circuit Court … Continue Reading

Evaluating the Admissibility of Expert Testimony

Posted in Litigation
Stotesbury v. Pirate Duck Adventure, LLC, Slip Copy, 2013 WL 5508131 (D.V.I. October 1, 2013).   In a recent case in the District Court of the Virgin Islands, Division of St. Thomas-St. John, Defendants sought to exclude portions of Plaintiffs’ proposed experts’ testimony. Senior District Judge Donetta W. Ambrose of the U.S. District Court of … Continue Reading

Motions Screech to a Halt in Attempt to Keep Money from Creditors

Posted in Litigation
The Appellant Dawn Prosser appealed from a judgment of the District Court in favor of James Carroll, the Chapter 7 Trustee of the bankruptcy estate of Jeffrey Prosser, Dawn’s husband. Dawn challenged the District Court’s denial of her motion to dismiss, as well as other pleadings. She argued that the court erroneously allowed recovery for transfers … Continue Reading

Settling Foreclosure

Posted in Litigation
In a previous post, I offered tips on how to avoid foreclosure.  Most of those suggestions centered on how a mortgage borrower should talk to the mortgage lender at the onset of financial difficulties.  But what alternatives do borrowers have if they are already in active foreclosure litigation and they don’t qualify for loan modification programs … Continue Reading

VI Court Rules on Substitution of Parties to Action

Posted in Litigation
Curtis V. Gomez, Chief Judge of the District Court of the Virgin Islands, recently heard a motion by the plaintiffs to substitute a party in the matter of Richards v. Marshall.  The action was initiated in 2009. Plaintiffs Barbara Richards and several other tenants ("Tenants") alleged that they sustained various injuries after being exposed to … Continue Reading