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Monthly Archives: July 2008

Real Estate – Contract – Parcel Acreage – Survey Right – Waiver (access required)

A buyer of a nearly 2,000-acre parcel in Washington County can pursue a claim for an abatement of the $4.25 million purchase price after a field survey revealed the parcel contained only about 1,800 acres, a magistrate judge recommends to ...

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Employment Discrimination – Retaliation – Race – Title VII (access required)

A Roanoke U.S. District Court dismisses a former engineering technician’s Title VII claim against the Virginia Department of Transportation alleging retaliation, but the former employee can pursue his claim for wrongful discharge under Title VII. As an African-American, plaintiff has ...

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Contract – Government Contract – Hydroelectric Plans (access required)

A Danville U.S. District Court grants partial summary judgment to defendant City of Danville on a contract claim by plaintiff Pennsylvania Electric Coil Ltd., who was hired to disassemble, rewind, refurbish and reassemble three hydroelectric generating units.; in the end, ...

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Civil Rights – Chokehold Use – Sheriff’s Department (access required)

A Lynchburg U.S. District Court dismisses a plaintiff’s claim under 42 U.S.C. § 1983 against defendant sheriff’s department because she does not have standing to seek injunctive relief against the alleged use of a chokehold by defendant department. Plaintiff lacks ...

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Employment Discrimination – Sanctions – Rule 56 – Rule 11 (access required)

In this employment discrimination suit filed by a former employee of the University of Virginia, a Charlottesville U.S. District Court affirms the magistrate judge’s award of $4,150 in sanctions against plaintiff’s counsel under Fed. R. Civ. P. 56(g), upholds denial ...

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Criminal – Sentence Reduction – Crack Cocaine (access required)

A defendant who was subject to a mandatory minimum sentence, which was reduced because of his substantial assistance to the government, cannot have his sentence further reduced because of the recent lowering of the crack cocaine sentencing guidelines, an Abingdon ...

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Intellectual Property – Copyright Infringement – Catalog Copy – Damages (access required)

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 ...

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Real Estate – Condemnation – Gas Pipeline (access required)

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 ...

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Employment – Wrongful Discharge – Public Policy (access required)

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 ...

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Negligence – Forklift Injury – Leased Equipment (access required)

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 ...

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