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Monthly Archives: July 2008

Criminal – Confession – Defendant’s Question – Reinitiation (access required)

A defendant being questioned first about conspiracy to commit robbery, and then about a felony murder, who first said he did not want to talk “right now,” but then asked, “Can we just talk later?” reinitiated conversation with the police, ...

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Criminal – Photo Lineup – Robbery Victim IDs (access required)

The Court of Appeals affirms defendant’s convictions for several robberies that occurred over a two-day period in Alexandria based on identifications of defendant by robbery victims who viewed a booking photo of defendant in a photo lineup. Defendant contends showing ...

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Criminal – Request For Counsel – Continued Questioning (access required)

A defendant who came to the police station for questioning about a B&E in Pittsylvania County clearly invoked his right to counsel when he told the investigator, “I want a lawyer, you know what I’m saying?” and “my moma said ...

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Domestic Relations – Custody Order – Basis For Decision (access required)

The Court of Appeals reverses a decision awarding primary physical custody of the parties’ young son to mother, as it agrees that the trial court did not adequately communicate the basis for its custody award as required by Va. Code ...

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Products Liability – Medical Device – Preemption – Manufacturer Rep Presence (access required)

A woman’s products liability warranty and design claims against the manufacturer of a NovaSure device used during endometrial surgery are preempted under the 1976 Medical Device Amendments, but she may amend her complaint to state a negligence claim against the ...

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Tort – Defamation – Law School Letters – Nevada Divorce Case (access required)

Letters written by Nevada divorce lawyers to Washington & Lee Law School accusing a W&L law student whose wife they represented of “kidnapping, passport fraud, felony non-support of children and violation of RICO” were defamatory per se, but a jury ...

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Intellectual Property – Lanham Act – Mattress Labels – ‘Royal Heritage’ Product Line (access required)

A Richmond U.S. District Court holds that plaintiff Power Marketing Direct Inc., which distributes mattresses to independent, licensed dealers, can sue defendant manufacturer under the Lanham Act, 15 U.S.C. § 1125(a), and on a Virginia claim of unfair competition, for ...

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Employment – ERISA – Pension Benefits – Exhaustion (access required)

A participant in the Boeing Company’s pension plan who sought benefits in the form of a surviving spouse option and who objected to a reduction in his benefits for the pension fund’s collection of an alleged overpayment of benefits, cannot ...

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Damages set aside in EIFS case

Rick and Susan Garmon still have a Prince William County jury’s finding that a contractor is liable for constructive fraud for using a barrier exterior insulation and finish system on their home. The Garmons testified that they had insisted on ...

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