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Monthly Archives: February 2010

Your honor, make him stop

Don’t like being called a “patent troll”? Tell it to the judge. DNT LLC is suing Sprint and Nextel over patents covering various wireless modem cards offered by Sprint and other vendors. The case raises round-peg-in-a-square-hole questions like, does a ...

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Real Estate – Conservation Easement – Merger Doctrine (access required)

A Fauquier County Circuit Court overrules a plea in bar asserting that the grantor of a conservation easement had the legal inability under the doctrine of merger to create this easement, as Virginia law on easements in gross has changed ...

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Administrative – DMV Hearing – Dealer v. Garage – Warranty Work Charge-Backs (access required)

A garage that did warranty work under a contract with a dealer faces a remand to the Commissioner of Motor Vehicles on the dealer’s demand for charge-backs on warranty work after it made a “secret shop call” and alleged the ...

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Products Liability – Warranty Claims – Chinese Drywall – Craving Oyer (access required)

Homeowners who are suing builder-developers for use of allegedly defective Chinese drywall, and who assert claims for breach of contract and breach of express warranty, must respond to defendant developers’ motions craving oyer to request documents that support a contract ...

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Criminal – Brady Claim – Defendant’s Identity (access required)

Although defendant claims he was prejudiced by police failure to disclose allegedly exculpatory information, including a document found in his motel room with another person’s name, police testimony about an indentation on defendant’s face, and that an officer failed to ...

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Criminal – After- Discovered Evidence – Malicious Wounding – Girlfriend’s Healing (access required)

A defendant convicted of aggravated malicious wounding for beating his girlfriend in the face so that she required surgical placement of metal plates to hold together facial bones is not entitled to a new trial for “after-discovered evidence” because the ...

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Contract – Equipment Lease – Medical Practice (access required)

A Norfolk U.S. District Court accepts a magistrate judge’s recommendation to grant default judgment against a doctor and medical practice in this contract action filed by plaintiff equipment leasing company. Defendant physician at one time owned a private practice specializing ...

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Intellectual Property – Patent Infringement – Standing – ‘Bare Licensee’ (access required)

A Richmond U.S. District Court says plaintiff WiAV Solutions LLC is a “bare licensee” with no constitutional standing to bring a patent infringement challenge to the “Mindspeed Patents” at issue in this case, as at least four other entities retain ...

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Civil Procedure – Amended Complaint – New Defendant – Diversity Jurisdiction (access required)

A plaintiff who sued Target after her arrest on criminal charges may amend her complaint to correct a misnomer, but a Richmond U.S. District Court denies leave to amend to add as a defendant the Target loss prevention employee who ...

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Employment Discrimination – Army Civilian Employee – Failure To Exhaust (access required)

An African-American male employed as a civilian engineer for the U.S. Army failed to exhaust administrative remedies with regard to his Title VII claim of race discrimination, and an Alexandria U.S. District Court grants defendant’s motion to dismiss. Nowhere in ...

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