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Monthly Archives: November 2009

Domestic Relations – Equitable Distribution – Stock Award – Sealed Record (access required)

The Court of Appeals reverses an equitable distribution award and remands for clarification a divorce court’s award to wife of an investment account into which husband, a licensed financial advisor, had placed $37,000 after he had depleted the investment account ...

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Domestic Relations – Foreign Custody Orders – Surrogate Mom – PKPA (access required)

Saying the domestic partnership of two men had nothing to do with a North Carolina court’s orders granting the two men primary legal and physical custody of the biological child of one of the men, and secondary legal and physical ...

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Commercial – Trailer Sales – Manufacturer Sale – Statutory Prohibition (access required)

A truck and trailer dealer has failed to state a claim against defendant trailer manufacturer for allegedly violated a Virginia statute, Va. Code § 46.2-1992.73, by selling to a retail customer, but the Abingdon U.S. District Court will allow the ...

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Contract – Note Repayment – Limitations – Debt Acknowledgement (access required)

A man who loaned an old friend $100,000 in 1999 wins judgment on the note, because the parties’ e-mail exchanges, including the old friend’s 2008 promise to “get a firm repayment plan in place,” reset the statute of limitations under ...

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Intellectual Property – Trademark Infringement – Print Franchise – Noncompete (access required)

An Alexandria U.S. District Court grants a print shop franchisor’s motion to enjoin defendant, a former franchisee, from using any of plaintiff franchisor’s marks in defendant’s new print business within two miles of an existing franchise shop. Courts have held ...

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Employment Discrimination – Adverse Action – Army Civilian Employee (access required)

A civilian employee discharged from his job providing homework help to DOD schoolchildren at a Heidelberg military base has not demonstrated “adverse action” or retaliation to support his claim that he was discharged because of employment discrimination, says an Alexandria ...

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Employment Discrimination – PTO – Promotion Denials – Comparator (access required)

Plaintiff employees of the U.S. Patent and Trademark Office have not established a prima facie case of employment discrimination with allegations that they were discriminated against when denied accretion-of-duties promotions within the PTO, and the Alexandria U.S. District Court grants ...

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Negligence – Defense Medical Expert – Motion In Limine (access required)

In a Wal-Mart customer’s suit alleging injury from a commercial car lift descending on her foot, a Richmond U.S. District Court grants a p.i. plaintiff’s motion in limine to exclude defense medical expert opinions on whether plaintiff has a somatoform ...

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