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Monthly Archives: June 2008

Shoulder, neck injuries caused by rear-end collision – $93,250 Verdict (access required)

Plaintiff was involved in a rear-end collision in which the defendant admitted liability. Defendant conceded that the plaintiff suffered a type III separation of the acromioclavicular (shoulder) joint, but argued that it did not inhibit the plaintiff’s ability to work. ...

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Intellectual Property – Student Papers – Plagiarism Web Site (access required)

A proprietary Web site, “Turnitin,” used by schools to screen student papers for plagiarism, does not violate federal copyright law by digitally archiving papers turned in by students, and the U.S. District Court in Alexandria dismisses plaintiff’s suit against defendant ...

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Consumer Protection – TILA – RESPA – Mortgage Refinance (access required)

An Alexandria U.S. District Court dismisses a borrower’s suit claiming his refinancing of his a mortgage loan violated the Truth in Lending Act because the lender provided only one copy each of the Notice of Right to Rescind to the ...

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Alzheimer patient falls, suffers subdural hematoma – $237,500 Settlement (access required)

The family of a nursing home resident, a 90-year-old with end-stage Alzheimer’s disease, had specific concerns about her safety due to her wandering and mobility. The facility represented that alarms were placed on all facility exit doors. The resident eloped ...

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Labor – FLSA – Exempt Employee – Manager (access required)

A marketing manager who claimed he was not paid for overtime as required by the Fair Labor Standards Act is not an “exempt” employee by virtue of his title as manager, an Alexandria U.S. District Court holds. If plaintiff qualified ...

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Employment Discrimination – Age – Exhaustion Of Remedies – Federal Employee (access required)

Although the 4th Circuit has not explicitly ruled that a plaintiff alleging age discrimination under the Age Discrimination in Employment Act has to exhaust administrative remedies before suing in federal court, this Richmond U.S. District Court dismisses a former federal ...

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Ham, oil blamed for fall in restaurant – Defense Verdict (access required)

Plaintiff claimed to have slipped and fallen on a piece of cubed ham sitting in a puddle of oil on the floor of the restaurant. The defendant was able to prove that not only do they not serve cubed meat, ...

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Intellectual Property – Copyright Infringement – Townhouse Plans (access required)

Prior to trial of plaintiff architectural firm’s copyright infringement claim against defendant builders, alleging unauthorized use of plans for construction of a town home development in Henrico County, Va., a Richmond U.S. District Court says plaintiff firm cannot seek statutory ...

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Intellectual Property – Nonprofit Company – Identity Theft – Trademark – Cybersquatting (access required)

A nonprofit corporation that operated as a trade organization, the “Employers Council on Flexible Compensation,” for 27 years can sue its former executive director for “identity theft” for allegedly allowing revocation of its corporate charter and then registering its name ...

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