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Monthly Archives: August 2009

Intellectual Property – Patent Infringement – Online Business Referral – Markman Hearing (access required)

In this patent infringement case involving an online business referral system, a Norfolk U.S. District Court has conducted a second Markman hearing to construe certain terms. Plaintiff alleges defendant has infringed its patent by making, using, offering to sell, and/or ...

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Obituaries (access required)

Jimmy L. Warren Jimmy L. Warren, the clerk of the Smyth County Circuit Court for the past 35 years, died August 13 at Holston Valley Medical Center in Kingsport, Tenn., after a brief illness following surgery. He was 76. Mr. ...

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Civil Procedure – Collateral Estoppel – Prior Conviction (access required)

An Alexandria-based national real estate developer wins summary judgment in the Alexandria U.S. District Court on its fraud, business tort and RICO claims against an employee of an environmental remediation company, who conspired with his brother, the developer’s former engineering ...

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Civil Rights – Schools – Disabled Student – IDEA – Attorney’s Fees (access required)

A Richmond U.S. District Court awards parents of a disabled student who successfully sued under the Individuals with Disabilities Education Act damages of $33,188, attorney’s fees of $307,150 and litigant expenses of $8,370, after defendant school board made a Rule ...

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Civil Procedure – Subpoena – Nonparty Witness – Securities Fraud – Fifth Amendment (access required)

In a securities fraud action, the 4th Circuit upholds a Maryland federal district court’s modification of a Massachusetts federal district court’s protective order that allowed limited disclosure of the identity of a nonparty witness who allegedly reported to defendant company’s ...

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Danville clerk cleared in stalking case

A judge has dismissed the stalking charge against Danville Circuit Court Clerk Gerald Gibson. Gibson submitted an accord and satisfaction, a document indicating the accused has paid for damages and the complainant agrees that the matter can be dismissed.  The ...

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Homeowners discover driveway is not theirs

A Spotsylvania County couple is weighing their legal options after finding out the driveway they thought they owned belongs to their next-door neighbor. Maggie and Thomas Smith discovered the original surveyor’s mistake when they rehired the surveying company to mark ...

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Good news for appellants

If you’re asking the Court of Appeals to consider an issue of first impression, your appeal won’t be kicked under Rule 5A:20 for failing to cite precedent directly on point. Duh, you say. But it’s more complicated than you might ...

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DNA notification training dates set

The Virginia State Bar has posted a schedule of training sessions for lawyers planning to help in a pro bono effort to notify convicts about the discovery of DNA evidence related to their charges. The first session is Wednesday, Sept. ...

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