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Monthly Archives: August 2009

Wills & Trusts – Intestacy – First Cousin Heirs (access required)

Where a woman died intestate with lines of cousins on both sides of her family as her closest surviving family, a Fairfax Circuit Court orders distribution of her estate pursuant to Virginia’s intestacy statute amongst two maternal first cousins, three ...

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Employment – ERISA – Disability – Loss Of Hands (access required)

Although plaintiff’s treating physician indicated that the severe crushing and mangling injury to plaintiff’s hands amounted to severance of his right and left hands, an ERISA disability plan administrator did not abuse its discretion in denying plaintiff benefits for the ...

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Criminal – Habeas – Sentence Credit – State & Federal Offenses (access required)

A federal inmate is not entitled to credit against his federal sentences for cocaine conspiracy and firearm use for his time in state custody for murder and malicious wounding, as each court specifically directed that his sentences run consecutively; a ...

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Employment – Fiduciary Duty Breach – Government Contract Bids (access required)

A former president of plaintiff company may not have breached his employment agreement by using his work computer for non-work related purposes, but he did breach his fiduciary duty of loyalty by devoting his professional time and energy towards activities ...

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Employment Discrimination – National Origin – § 1981 – Super Bowl Promotion (access required)

Plaintiff, who alleges he was defendant ExxonMobil’s highest-ranking executive of Hispanic descent, loses on summary judgment his suit under 42 U.S.C. § 1981 alleging the company discriminated against him on the basis of national origin when it fired him for ...

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Intellectual Property – Anticybersquatting Act – Domain Name Violation – Attorney’s Fees (access required)

In its successful suit under the Anticybersquatting Consumer Protection Act, for illegal use of a domain name, plaintiff Citigroup Inc. is entitled to $57,895 in attorney’s fees and $1,172 in costs, under 15 U.S.C. § 1117(d), says an Alexandria U.S. ...

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Contract – False Claims Act – Sealed Complaint – First Amendment (access required)

An Alexandria U.S. District Court says the requirement under the False Claims Act that a qui tam relator’s complaint be temporarily sealed at the initial filing does not violated plaintiff public-interest groups’ First Amendment rights, and plaintiffs lack standing to ...

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Bankruptcy – Law Firm Interest Sale – Insider Status (access required)

Although an affidavit by an attorney who contracted to buy debtor law firm alleged that the attorney selling his interest in the firm continued to be employed by debtor, that he assisted in financial matters and continued to interact with ...

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Intellectual Property – Trademark Infringement – Flooring Supplier (access required)

A Richmond U.S. District Court grants plaintiff national flooring company summary judgment on defendant’s counterclaim seeking cancellation of one of plaintiff’s trademarks for advertising its wares, but denies summary judgment on additional counts. Lumber Liquidators (LL), a national company that ...

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