Tort – Business Tort – Consultant Agreement – Amount In Controversy 
By Deborah Elkins
Published: November 3, 2008
A Lynchburg U.S. District Court declines to dismiss this suit for unjust enrichment and tortious interference filed by plaintiff business consultant who claims that, pursuant to an agreement, he developed a business plan, a marketing plan and two Web sites for defendant SIESA LLC, an educational consulting group, but he was pushed out of the [...]
Tort – Business Tort – Consultant Agreement
By Deborah Elkins
Published: November 3, 2008
A Lynchburg U.S. District Court dismisses this suit against the three individual defendants, claiming unjust enrichment and tortious interference with plaintiff business consultant who claims that, pursuant to an agreement, he developed a business plan, a marketing plan and two Web sites for defendant SIESA LLC, an educational consulting group, but he was pushed out [...]
Administrative – ‘Related Person’ – Coal Act – Arbitrary & Capricious Standard
By Deborah Elkins
Published: November 3, 2008
A decision by the Commissioner of Social Security that plaintiff LLC is responsible for coverage of coal retirees as a “related person” under the Coal Act is arbitrary and capricious and the Abingdon U.S. District Court directs the commissioner to withdraw the coal retirees assigned to plaintiff company.
Congress passed the Coal Industry Retiree Health Benefit [...]
Insurance – Policy Coverage – Jewelry Store Embezzlement
By Deborah Elkins
Published: November 3, 2008
A jewelry store seeking additional coverage after defendant insurance carrier’s adjustment of the store’s claim based on an employee’s theft over a two-year period of $593,000 in jewels, to pay the store $325,823, loses its claim based on the ambiguous policy language, but its claim for bad faith remains for trial, in this case from [...]
Tort – FTCA – Inmate Injury – Bivens Claim
By Deborah Elkins
Published: November 3, 2008
Although the 4th Circuit has yet to rule on whether an inmate injured while on work detail is precluded under the Inmate Accident Compensation Act from bringing a Bivens suit for personal injuries, an Alexandria U.S. District Court dismisses this inmate’s Bivens claim on the merits.
According to plaintiff’s own allegations, both of his injuries occurred [...]
Intellectual Property – Trademark – Wings Restaurant
By Deborah Elkins
Published: November 3, 2008
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 and who already have been sanctioned $81,000 by the Alexandria U.S. District Court for failing to abide by [...]
Intellectual Property – Trademark – Wings Restaurant – Alter Ego – Affiliate Veil Piercing
By Deborah Elkins
Published: November 3, 2008
Two former employees of the Buffalo Wings Factory who allegedly infringed the trademark of their former employer by operating a “Buffalo Wing House” in the same area and who already have been sanctioned $81,000 by the Alexandria U.S. District Court for failing to abide by a consent order, face further sanctions, but the court rejects [...]
Employment Discrimination – Retaliation – Title VII – School Principal
By Deborah Elkins
Published: November 3, 2008
A Richmond U.S. District Court denies summary judgment to a school board in this Title VII suit filed by a white female assistant principal who alleges she was passed over for promotion to principal in favor of a less-qualified black male.
In support of her claims of race and sex discrimination, plaintiff relies on a July [...]
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