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Monthly Archives: October 2009

Insurance – Policy Coverage – Product Contamination Policy (access required)

A producer of powdered infant formula can maintain its suit in Richmond U.S. District Court against defendants for insurance coverage under its Product Contamination Policy for damage to its product from a mechanical failure that led to melamine contamination of ...

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Employment – Noncompete – ‘Notice Period’ – TRO – Actual Harm (access required)

An investment bank can’t get an injunction to stop a former stock analyst of the food retail industry from working for a competitor, an alleged violation of the 90-day “Notice Period” required under her noncompete agreement, because plaintiff bank has ...

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Civil Procedure – Personal Jurisdiction – New York Psychic’s Website (access required)

A Virginia psychiatrist who alleges defendant psychic, whose company is New York-based, allegedly provided counseling services to plaintiff psychiatrist over a 12-year period before fraudulently reporting her to the police and the Virginia Board of Medicine for substance abuse, cannot ...

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Civil Rights – Illegal Search – Malicious Prosecution – Limitations (access required)

A Portsmouth man who alleges violation of his civil rights by defendant police officers who illegally searched his residence after being told not to by a police sergeant, can pursue those claims in light of a tolling provision under Virginia ...

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Civil Procedure – Venue – Courts ‘Of’ Commonwealth – State Forum (access required)

A forum selection clause that says proper venue “shall be the courts of the Commonwealth of Virginia” requires filing suit in Virginia state court, and a Richmond U.S. District Court grants defendant’s motion to dismiss for improper venue. Recent 4th ...

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VSB Council endorses payee notification

The Virginia State Bar Council endorsed payee notification this afternoon on a 39-25 vote. The vote was a sharp turnaround from a 54-7 rejection of the concept two years ago. That vote came before full disclosure of the extent of ...

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Juror secrecy debated in Staunton

Panelists at an open government conference today took shots from opposing directions at a proposal for anonymous juries in Virginia. A judge and a criminal defense lawyer were critical of the plan to make juror information confidential, while a prosecutor ...

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Heaphy is sworn in as federal prosecutor

Freshly confirmed by the U.S. Senate, Tim Heaphy was sworn in this morning as U.S. attorney for the Western District of Virginia. Chief U.S. District Judge James P. Jones administered the oath of office at the Abingdon federal courthouse, according ...

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The VLW Quick 10: Circuit Court ‘Quickest 10’ (access required)

The Supreme Court of Virginia has released its latest statistical abstract on the commonwealth’s courts. One focal point for evaluating how business gets done is Virginia circuit courts’ rate of compliance with a voluntary guideline to conclude civil cases within ...

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The Weekly Recap: Week of Oct. 12

Here’s what was happening this past week… The week may have been a day short, if your office observed Columbus Day on Monday. Judging from the number of cars in downtown Richmond that day, it doesn’t look like Columbus is ...

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