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Monthly Archives: November 2009

Civil Procedure – FOIA – Non-Virginia Residents (access required)

A Richmond U.S. District Court dismisses this suit filed by three citizens of other states who challenge the constitutionality of the Virginia Freedom of Information Act after their FOIA requests to Virginia state and local agencies were denied. Plaintiffs contend ...

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Intellectual Property – Copyright Infringement – Recordings (access required)

An Alexandria U.S. District Court grants default judgment of $7,300 to plaintiff recording company against defendants, as recommended by the magistrate judge, for defendant’s download and/or distribution of plaintiff’s copyrighted recordings in violation of 17 U.S.C. §§ 106(1) and (3). ...

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Civil Procedure – Removal – Diversity – One-Year Limit (access required)

On an issue unresolved by the 4th Circuit, a Roanoke U.S. District Court says the one-year time limit for removal to federal court does not apply to cases that are initially removable when filed, and the court certifies an interlocutory ...

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Tort – Tortious Interference – Agent Action – Hostile Environment (access required)

A Richmond U.S. District Court denies the individual defendant’s motion to dismiss plaintiff’s complaint of tortious interference against defendant, which contends that under Virginia law an agent cannot interfere with a principal’s contract. Plaintiff alleges that she worked for defendant ...

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Civil Procedure – Discovery Costs – Patent Litigation (access required)

After a magistrate judge told a defendant that its discovery answers were “absolute nonsense,” and ordered it to produce discovery, the Richmond U.S. District Court imposes sanctions under FRCP 37, and requires defendant to pay plaintiff’s attorney’s fees of $5,929. ...

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Civil Procedure – Venue – Forum Selection Clause (access required)

An Alexandria U.S. District Court dismisses for improper venue this contract action filed by plaintiff travel company against a Rhode Island company that provides foreign exchange services to commercial entities, as the parties’ “Foreign Exchange Agreement” says that Rhode Island ...

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Labor – Unfair Labor Practices – Union Decertification – Textile Plan (access required)

The 4th Circuit says a National Labor Relations Board decision was properly issued by a two-member quorum of the board, and its decision ordering affirmative bargaining after the new owner of a Boykins, Va. textile facility committed unfair labor practices ...

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Labor – Arbitration Award – Scope Of Authority – Vacatur Reversed (access required)

Saying this arbitration award “stands in stark contrast” to the few times it has seen an arbitrator cross the line, the 4th Circuit reverses a district court’s vacatur of an arbitration award that interpreted a union contract’s Bonus Plan to ...

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