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Monthly Archives: April 2008

Administrative – COPN – Nursing Home Beds Transfer (access required)

A circuit court erred in dismissing a real estate company’s appeal from the Department of Health’s denial of an application for a Certificate of Public Need to transfer nursing home beds. The circuit court held the agency lacked statutory authority ...

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Criminal – Juvenile – Probation Violation – DJJ Commitment (access required)

A juvenile defendant convicted in JDR court of larceny of animals, an offense punishable as a felony if committed by an adult, and given probation, can be committed to the Department of Juvenile Justice upon violation of the conditions of ...

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Intellectual Property – Copyright Infringement – Catalog Copy – Web Site (access required)

A district court grants partial summary judgment to plaintiff, a finger splint manufacturer, against defendant competitor, because no reasonable jury could find that defendant’s Web site did not infringe plaintiff’s copyright in its 1994 catalog. The parties are competitors in ...

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Civil Procedure – Discovery – Former Employees – Ex Parte Contact (access required)

In a female former line worker’s Title VII suit against a cabinetry company, the plaintiff’s lawyer can talk to defendant employer’s former HR manager about the circumstances of plaintiff’s termination; although the former HR manager is not represented by counsel, ...

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Insurance – Mistaken Settlement – Indemnity – UM/UIM Claim (access required)

A business auto liability carrier for a trucking company, that misinterpreted the law governing the validity of the company’s rejection of higher UM/UIM policy limits and consequently paid a $500,000 settlement to an injured trucking company employee, cannot collect from ...

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Civil Rights – Real Estate Developers – Water Hook-Up Fees – County Approval (access required)

In a civil rights lawsuit filed by two developers who allege defendant county, its board of supervisors and the county engineer conspired to deny their constitutional rights in defendants’ negotiation and delayed approval of the developers’ construction to extend the ...

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Civil Procedure – Personal Jurisdiction – Trademark Infringement (access required)

A Virginia Beach-based company, Liberty Tax Service, has its trademark infringement suit against defendant Florida company, Liberty Services, transferred to Florida federal court because the Norfolk federal district court does not have personal jurisdiction over the Florida company. In its ...

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Intellectual Property – Patent Infringement – Post-Trial Motions (access required)

In this patent infringement case involving a bone cleansing process with clinical application, in which a jury found that plaintiff Lifenet’s claims against defendant Musculoskeletal Transplant Foundation were valid, the district court rejects defendant’s post-trial motions for judgment of obviousness, ...

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Criminal – DUI – Army Base -Assimilative Crimes Act (access required)

A federal district court upholds a defendant’s DUI conviction after an arrest at Fort Eustis, over defendant driver’s objection that under the Assimilative Crimes Act, 18 U.S.C. §§ 7 and 13, assimilating Virginia statutes, admission of defendant’s breath test results ...

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