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Monthly Archives: July 2008

Real Estate – Easement – Gas Pipeline – Condemnation (access required)

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 ...

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Insurance – Auto Liability – Household Member – Motorcycle Accident (access required)

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 ...

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Civil Rights – Open Primary Election – First Amendment – Attorney’s Fees (access required)

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 ...

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Intellectual Property – Wordmark – Tool Reimbursement Plan – Injunction (access required)

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 ...

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Intellectual Property – Trademark – Restaurant Name (access required)

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 ...

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Civil Procedure – Removal – Remand – Unanimous Consent (access required)

A Richmond U.S. District Court remands to state court an electrical sub’s contract action against the general contractor and an owner because the general contractor did not file a timely notice of removal after the owner was served in the ...

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Criminal – Venue – Bribery & Racketeering – Congressman (access required)

An Alexandria U.S. District Court denies reconsideration of its earlier decision to try this bribery and racketeering case against a sitting U.S. Representative in the Eastern District of Virginia, rather than the District of Columbia, over the defendant’s objection that ...

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Search & Seizure – Custody – Congressman Interrogation (access required)

An Alexandria U.S. District Court denies a motion to suppress statements made by a sitting member of the U.S. Congress indicted for bribery and racketeering during questioning by law enforcement agents at the Congressman’s home on the morning of Aug. ...

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Traffic Offenses – DUI – Army Base – Va. Advisory Guidelines (access required)

The 4th Circuit upholds a 27-month sentence for a driver convicted of driving under the influence of alcohol, third offense, after an arrest on the Fort Monroe Army Post, despite defendant’s claim that his sentence was unreasonable because the district ...

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