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Monthly Archives: May 2007

Civil Procedure – Attorneys – Motion To Disqualify – Patent Infringement (access required)

In this patent infringement action involving a bone cleansing process with clinical application, the district court denies defendant Musculoskeletal Transplant Foundation’s motion to disqualify the law firm of Morgan Lewis & Bockius LLP as counsel for plaintiff LifeNet Inc., despite ...

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Civil Rights – IFP Status – Prisoner Suit – Post- Release Status (access required)

A former federal inmate, who alleges tort and civil rights violations arising from another inmate having taken a document plaintiff intended to file in court to be copied but shredded the document instead, has been released from prison and is ...

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Labor – Union Records – Inspection Demand – Gas Expenses (access required)

A union member who must demonstrate “just cause” for demanding inspection of union financial records must show more than mere speculation about large expenditures for gas, a Richmond federal district judge says on a question not yet addressed by the ...

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Criminal – Habeas – Bank Robbery – Ineffective Assistance (access required)

The district court denies a motion for post-conviction relief pursuant to 28 U.S.C. Sect. 2255 filed by a man convicted of bank robbery, carjacking and related firearms offenses for his robbery of the Royal Oaks branch of the Bank of ...

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Civil Procedure – Taxable Costs – Private Process Servers (access required)

In this products liability suit in which the defendant won summary judgment, the district court will allow defendant to recover the cost of private process servers, but not rush fees or extra fees for same-day service. A coal miner’s widow ...

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Civil Rights – Investigative Records – Domestic Dispute (access required)

A woman and her minor son are entitled to discovery of police investigative records that may shed light on a police officer’s conduct in connection with a domestic dispute between the woman and her son, and the magistrate judge orders ...

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Contract – Attorney's Fees – Non- Solicitation Agreement (access required)

Although plaintiff radio station won a permanent injunction enforcing a non-solicitation agreement pursuant to sale of the radio station, and barring defendant from involvement in certain radio broadcast business in the Roanoke-Lynchburg area for the period of the agreement, the ...

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Bankruptcy – Dischargeability Of Debt – Ch. 7 (access required)

A debtor who owned and operated a t-shirt company in Virginia Beach with a business partner cannot discharge debt he owes to the company for use of company credit and check cards to pay debtor’s personal expenses; the debt to ...

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Bankruptcy – Corporate Consolidation – Director Fiduciary Duties – 'Deepening Insolvency' – Ch. 11 (access required)

In this Chapter 11 case involving voluntary bankruptcy petitions filed by debtor James River Coal Co. and its 21 subsidiaries, which have been substantively consolidated under debtors’ reorganization plan, the bankruptcy judge declines to recognize a new claim advanced by ...

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Litigation delay can cost brain-injured clients (access required)

Lawyers are accustomed to delays. Complex cases can drag on for years, and lawyers learn to be patient. But a delay of even a few months can seem like an eternity for catastrophically injured clients and their families. While lawyers ...

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