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Yearly Archives: 2007

Nonsuit of a zoning appeal nets dismissal (access required)

A nonsuit of an appeal of a zoning decision amounts to a dismissal of the appeal with prejudice, a Loudoun County judge ruled last month. The case arose from the appeal by Ticonderoga Farms Inc. of a 5-4 decision by ...

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New trial for denial of hired lawyer (access required)

A robbery defendant from Danville has won a new trial based on a June decision by the U.S. Supreme Court on a criminal defendant’s right to retained counsel of his choice. Previously, a defendant challenging a trial court’s denial of ...

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Civil Procedure – Forum- Selection Clause – Licensing Agreement – Safety Agreement (access required)

A pharmaceutical company’s breach of contract claims against another pharmaceutical company should be tried in Japan, under a forum-selection clause in the parties’ licensing agreement, because a provision on the exchange of safety information, under which plaintiff company sued, was ...

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Civil Procedure – Interpleader – Stakeholder Attorney's Fees (access required)

An insurance company that interpleaded employee life insurance proceeds claimed by both the parents and the wife of a man who died in a motorcycle accident is entitled to attorney’s fees and costs of $3,200, not the $5,614 it has ...

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Civil Procedure – Removal – Arbitration – Jurisdictional Discovery (access required)

A district court denies plaintiff’s motion to conduct jurisdictional discovery related to defendant’s removal of plaintiff’s action seeking arbitration of a dispute involving an oil and gas lease. Plaintiff has moved to remand the case to state court on the ...

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Intellectual Property – Discovery – Patent Infringement – Document Authenticity – Witness Testimony (access required)

In this suit alleging infringement of certain patents relating to a transaction system for facilitating computer-to-computer commercial transactions by integrating certain functions to enable international purchases of goods over the Internet, a magistrate judge excludes defendant Dell’s “prior art” documents ...

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Civil Rights – Prison Inmate – Kosher Meals – RLUIPA (access required)

A Virginia state prison inmate who alleges that defendant prison officials’ denial of kosher meals violates his rights can sue under the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. Sect. 2000cc-1(a) because Virginia’s acceptance of federal ...

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Civil Rights – Prison Inmate – Ramadan Observance – RLUIPA (access required)

A Virginia state prisoner at Keen Mountain Correctional Center may sue a correctional officer and warden for an alleged violation of civil rights that occurred when plaintiff prisoner, a member of the Nation of Islam, was removed from the list ...

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Civil Rights – Qualified Immunity – Sitting Governor – Threats To Rival (access required)

A sitting governor is not entitled to qualified immunity in this suit by a political rival and prominent businessman who alleges the governor, during a press conference, threatened imminent adverse regulatory action against the political rival’s coal mine business; we ...

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