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Monthly Archives: July 2007

Intellectual Property – Patent Infringement – Joinder – Unjust Enrichment (access required)

A district court grants summary judgment to defendant NTP Inc., on a civil action brought by plaintiff, an independent technical consultant “in the wake of the notorious and protracted Blackberry litigation,” NTP Inc. v. Research In Motion, to be joined ...

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Contract – Rental Agreement – Boom Lift – Painter's Death (access required)

Although a commercial painting contractor contends it did not sign the rental agreement under which its employee rented a boom lift from Hertz Equipment Rental for a painting job, the painting company nevertheless is contractually bound to defend and indemnify ...

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Employment – ERISA – Union Pension Plan – Fiduciary – Attorney's Fees (access required)

A district court grants the motion of an independent fiduciary on behalf of a union pension plan for reimbursement of attorney’s fees in the successful defense against the union’s prior motion for retroactive rent and employee salary reimbursement. The fiduciary ...

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Negligence – Hospital Slip & Fall – Settlement Liability (access required)

A company that operates a Virginia Beach hospital and settled a negligence claim by the family of a man who died after he slipped and fell at the hospital, can seek reimbursement for the settlement from the nursing company that ...

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Contract – Purchase Option – Norfolk Property – Surface Parking (access required)

In plaintiff developer’s suit against the Norfolk Redevelopment and Housing Authority seeking specific performance of a contract to purchase an option for a parcel north of MacArthur Center, contingent on defendant’s approval of a development plan, which plaintiff proposed to ...

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Employment Discrimination – Title VII – Race – Disparate Discipline (access required)

A black female supervisor of the bacon-slicing operation at defendant meat-packing plant, who contends she was fired after she complained about racist treatment and based on suspicion that she had falsified production paperwork, has not stated a prima facie case ...

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Contract – Road Construction – Surety Bond – Default Notice (access required)

A surety on a highway construction project wins summary judgment on plaintiff company’s suit against the surety because plaintiff company breached a condition precedent of the bond by failing to provide notice of a message-sign supplier’s defaults within a reasonable ...

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Civil Rights – Excessive Force – Arrest (access required)

In this 42 U.S.C. Sect. 1983 suit alleging excessive force by defendant officer in arresting plaintiff’s 15-year-old son, the district court grants defendant officer summary judgment on plaintiff’s claim for violation of the son’s civil rights by breaking his jaw, ...

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Negligence – Suicide Investigation – New Evidence (access required)

In a father’s pro se suit alleging negligence by defendant police department in its investigation of an apparent suicide by drowning of plaintiff’s son, the district court will grant plaintiff’s motion to allow new evidence, but dismiss the suit for ...

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