Intellectual Property – Copyright Infringement – Catalog Copy – Damages 
By Deborah Elkins
Published: July 7, 2008
A defendant company that competes with plaintiff in the sale of “fine jewelry quality” finger splints, and that infringed plaintiff company’s copyright by using nearly identical text to describe its products has to pay statutory damages of $30,000 and costs and attorney’s fees incurred directly in pursuit of its copyright claim, but no costs and [...]
Real Estate – Condemnation – Gas Pipeline
By Deborah Elkins
Published: July 7, 2008
A Harrisonburg U.S. District Court rejects landowners’ claim that their property cannot be valued for condemnation for the gas company’s request for an easement for construction and maintenance of the gas company’s 24-inch natural gas pipeline because they contend the property has not been properly surveyed.
The court grants summary judgment to the gas company on [...]
Employment – Wrongful Discharge – Public Policy
By Deborah Elkins
Published: July 7, 2008
A former planning director for the Town of Front Royal cannot sue the town for wrongful discharge based on race and gender discrimination, a Harrisonburg U.S. District Court says, because her discharge does not violate Virginia public policy as expressed in Va. Code §§ 15.2-1107 and 15.2-2202, which relate to local government and encourage local [...]
Negligence – Forklift Injury – Leased Equipment
By Deborah Elkins
Published: July 7, 2008
A Roanoke U.S. District Court declines to reconsider its grant of summary judgment to defendant materials handling company on a personal injury claim by an employee of the Yokohama Tire Company who alleges he was struck by a forklift the materials handling company leased to Yokohama.
Plaintiff consistently maintained, until the court granted summary judgment to [...]
Real Estate – Easement – Gas Pipeline – Condemnation
By Deborah Elkins
Published: July 7, 2008
A Harrisonburg U.S. District Court sustains a defendant property owner’s objection to a gas company’s petition to condemn a portion of his property for construction and maintenance of a 24-inch natural gas pipeline through the owner’s property, and denies the gas company the right to any future roads it deems necessary for maintenance of the [...]
Insurance – Auto Liability – Household Member – Motorcycle Accident
By Deborah Elkins
Published: July 7, 2008
A long-haul trucker who gave up his rental home and moved his personal belongings to his mother’s home, who was injured when his motorcycle was struck by another vehicle in King and Queen County, may be entitled to insurance coverage under his mother’s policy, but there are factual issues as to whether he was a [...]
Criminal – Medicaid Fraud – Dentist Defendant – Unnecessary Procedures
By Deborah Elkins
Published: July 7, 2008
A Big Stone Gap U.S. District Court upholds a jury verdict finding a dentist guilty of one count of racketeering, one count of structuring a transaction to evade financial reporting requirements and one count of Medicaid fraud, but the court sets aside the jury verdict against the dentist on multiple counts of money laundering.
I find [...]
Civil Rights – Open Primary Election – First Amendment – Attorney’s Fees
By Deborah Elkins
Published: July 7, 2008
Although plaintiff political party officials achieved success on a narrow point of their challenge to the constitutionality of a Virginia election statute, Va. Code § 24.2-530, which establishes an “open primary,” a Richmond U.S. District Court declines to award plaintiffs any amount of their $412,260 in attorney’s fees under 42 U.S.C. §1988.
Earlier, this court held [...]
Intellectual Property – Wordmark – Tool Reimbursement Plan – Injunction
By Deborah Elkins
Published: July 7, 2008
Plaintiff tool reimbursement plan wins a preliminary injunction from a Richmond U.S. District Court against a former independent contractor who, after his sales company was terminated as a representative of the tool reimbursement plan, continued to operate his own version of plaintiff’s trademarked plan with a Virginia automobile dealership that thought it was enrolled with [...]
Intellectual Property – Trademark – Restaurant Name
By Deborah Elkins
Published: July 7, 2008
Two former employees of the Buffalo Wings Factory, which operates four Northern Virginia restaurants that specialize in “buffalo wings,” who allegedly infringed the trademark of their former employer by operating a “Buffalo Wing House” in the same area, cannot set aside a consent order in this decision from the Alexandria U.S. District Court.
While the 4th [...]
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