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Daily Archives: December 3, 2007

Civil Rights – ABC Regulations – 'Suggestive' Conduct – Beach Bars & Restaurants (access required)

In a constitutional challenge filed by plaintiff restaurants and bars, a Norfolk district court enjoins enforcement of a Virginia statute, Va. Code Sect. 4.1-225(1)(h), and its implementing regulations that prohibit “noisy, lewd or disorderly conduct” in establishments regulated by the ...

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Intellectual Property – Patent Infringement – Circuit Board (access required)

In this patent infringement litigation involving a system for monitoring the power quality and energy consumption for branch circuits, the district court grants plaintiff summary judgment of noninfringement and denies defendant’s summary judgment motion for infringement. Following a claim construction ...

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Negligence – Train Wreck – Negligence Per Se – Railroad Safety Regs (access required)

A Norfolk federal judge has found that CSX Transportation Inc. was negligent per se in a head-on collision of two freight trains on Sept. 22, 2005, because a dispatcher violated federal safety regulations governing the details of communications with trains. ...

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Employment – Contract – Preemption – Title VII & ERISA (access required)

A former vice president of a beverage company, who says he was terminated without cause and without the severance benefits provided for in his employment contract, can sue in state court; although his contract mentions an employee benefit plan, his ...

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Criminal – Espionage Charge – Closed Trial – Silent Witness Rule (access required)

In this prosecution of two defendants under the Espionage Act, 18 U.S.C. Sect. 793(g), for alleged conspiracy to transmit information relating to national defense to persons not authorized to receive it, the district court rules on the government’s second motion ...

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Criminal – Espionage Charge – Witness Subpoenas – Government Officials (access required)

In this pretrial stage of the prosecution of two defendants under the Espionage Act, 18 U.S.C. Sect. 793(g), for alleged conspiracy to transmit information relating to national defense to persons not authorized to receive it, the district court sustains in ...

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Search & Seizure – Probable Cause – Public Intoxication – Stop & Frisk (access required)

Although police had probable cause to arrest defendant for public intoxication when they first approached him, they did not make that arrest but instead searched the contents of his pocket during a “stop and frisk,” and because their actions exceeded ...

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Nuisance claim will not be preempted in biosolids case (access required)

Neighbors of a Surry County farm cannot sue for trespass for the farm’s use of biosolids allegedly in violation of the farm’s permit to recycle the biological waste, in a new ruling from a Surry County Circuit judge. But the ...

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Millette appointed to Court of Appeals (access required)

Gov. Timothy M. Kaine has appointed Prince William County Circuit Judge LeRoy F. Millette Jr. to the Virginia Court of Appeals. Millette, 58, will succeed Judge James W. Benton Jr., who retired in October, on the 11-member intermediate appellate court. ...

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