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Monthly Archives: July 2009

LABOR – FLSA – Good Faith – Liquidated Damages (access required)

In this action for overtime pay under the Fair Labor Standards Act, a Roanoke U.S. District Court says defendant automotive supply store, a small, family-owned business, acted in good faith belief that overtime pay was only required for hourly employees, ...

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CIVIL RIGHTS – Police Officer Termination – Procedural Due Process (access required)

A town police officer who says he relied on the police chief’s statement that he could keep his benefits if he resigned, has stated a plausible claim that his resignation was sufficiently involuntary to trigger due process protection, a Harrisonburg ...

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CRIMINAL – Forfeiture Notice – Bill Of Particulars – Itemized Property List (access required)

A Danville U.S. District Court grants the government’s motion for an order of forfeiture of defendant’s property, including real estate in North Carolina and $1,300 in cash, for defendant’s gun and drug transactions. Defendant asserts that the indictment is defective ...

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TORT – Business Conspiracy – Trade Secrets – Limitation Of Liability Clause (access required)

A New Jersey telecommunications company that sold nationwide telephone numbers for locksmith services for a Virginia telecommunications company, can sue the Virginia company for allegedly conspiring to destroy the plaintiff company’s business and failing to pay it commissions, and a ...

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CIVIL PROCEDURE – Jurisdiction – State Court Remand (access required)

A family’s negligence suit against a satellite dish company whose installer, a registered sex offender, molested their child while on a service call, is remanded to state court by a Richmond U.S. District Court. Even if the court accepts defendants’ ...

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INTELLECTUAL PROPERTY – Patent Infringement – Stay Of Claims (access required)

In this patent litigation following a filing by plaintiff Humanscale Corporation against defendant CompX International and CompX Waterloo before the U.S. International Trade Commission, alleging the CompX defendants’ “Ovation Arm” and “Momentum Arm” products infringe Humanscale’s “Work Surface Support” patent ...

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