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Monthly Archives: May 2009

Attorneys – Legal Malpractice – Immigration – Causation Expert (access required)

A Venezuelan native who claims his lawyer committed malpractice when he failed to move to reopen immigration proceedings, resulting in the client’s five-day detention by immigration authorities, needs expert testimony on causation, an Alexandria U.S. District Court says. The “continuing ...

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Intellectual Property – Trademark Infringement – Cigarette Brand – Injunction (access required)

A Richmond U.S. District Court partially grants plaintiff Lorillard Tobacco Company’s motion for a preliminary injunction to prevent defendant S&M Brands from continuing to use advertisements that cite the NEWPORT brand cigarettes, but denies an injunction against defendant’s eight planned ...

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Employment Discrimination – Disability – Wrongful Discharge (access required)

A plaintiff who alleges permanent partial disability after surgery on his left arm following a work-related injury, and who was terminated from his light-duty position with a materials company, has failed to allege that he was a “qualified individual,” and ...

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Employment Discrimination – Federal Employee – Res Judicata (access required)

A Caucasian male who alleges race, gender, age and disability discrimination claims against the Department of Transportation is granted an extension of time to file his opposition to the government’s motion to summary judgment in his pro se lawsuit, but ...

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Labor – Overtime Pay – FLSA – Attorney’s Fees (access required)

An Alexandria U.S. District Court rejects use of the Laffey Matrix to determine a fee award for plaintiff employees of group homes for disabled clients, who are entitled to attorney’s fees as prevailing parties under the Fair Labor Standards Act, ...

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Insurance – Policy Coverage – Golf Course Flood – Expert (access required)

In this dispute over insurance coverage for flood damage to plaintiff golf course, a Richmond U.S. District Court excludes expert witnesses proffered by both sides – two property loss adjusters proffered by defendant carrier and a lawyer proffered by plaintiff ...

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Employment Discrimination – Termination – Company Rule Violation (access required)

A former employee of defendant Cash Advance Center who alleges he was unfairly terminated on a charge that he failed to disclose a prior misdemeanor assault and battery conviction, that had been dismissed on appeal, withstands summary judgment on his ...

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Civil Procedure – Venue – Mark Infringement – Dietary Supplement Sales (access required)

After balancing all the factors under 28 U.S.C. § 1404(a), this Alexandria U.S. District Court is faced simply with an out-of-state plaintiff, a Tennessee family-owned business that sells dietary supplements, asserting a cause of action against a Florida corporation, arising ...

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Civil Procedure – Appeals – Trial Record Supplement (access required)

A Richmond U.S. District Court declines to allow plaintiff former state university professor, who has sued for employment discrimination, to supplement the trial court record under Fed. R. App. P. 10(e) to include a transcript of certain depositions that were ...

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Tort – Defamation – Self-Publication – Duty – Bank Employee (access required)

A former bank employee cannot sue the bank for defamation for saying she had “abandoned her job” and had taken unauthorized paid time off, after allegedly having deposited an insufficient check for $3,000 in her personal checking account; a Richmond ...

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