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Monthly Archives: March 2010

Contract – Airport Services – Ground Sublease – Noncompete (access required)

In this lawsuit in which plaintiff company, a “Fixed Base Operator” of airport concessions and services for noncommercial aviation industries, sues defendant competitor, which operates a corporate hangar facility that allegedly encroaches on plaintiff’s operations, an Alexandria U.S. District Court ...

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Intellectual Property – Patent Term Extension – Hatch-Waxman Act – ‘Business Hours’ Interpretation (access required)

An Alexandria U.S. District Court vacates the U.S. Patent & Trademark Office’s denial of plaintiff The Medicines Company’s application for a patent extension term under the Hatch-Waxman Act, which allows for extension of the term of a pharmaceutical patent under ...

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Contract – Miller Act – Claim Against Surety – Pay-When-Paid Clause (access required)

In this case from Alexandria U.S. District Court, a surety wins summary judgment in this Miller Act suit by a subcontractor that claims it is owed $484,871 from the prime contractor for services on a project for construction of a ...

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Environmental – Clean Water Act – Pollutant Discharge – Stormwater Basin (access required)

A woman who owned a 16-acre farm adjacent to the King William County High School cannot sue the school board under the Clean Water Act for the alleged discharge of pollutants onto her land from a stormwater retention basin installed ...

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Civil Rights – Homeless Service Center – Discrimination (access required)

Plaintiff, an unincorporated association of homeless and formerly homeless people, has its suit challenging the location of a new center for homeless services dismissed by a Richmond U.S. District Court. Plaintiff is “A Society without a Name, for People without ...

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Negligence – Workers’ Comp Bar – Maritime Claim – Sub Employee (access required)

A Norfolk U.S. District Court denies summary judgment to defendant Capitol Finishes Inc., a subcontractor of general contractor BAE Systems on a project to repair the USS Leyte Gulf, who was sued for a work-related injury by an employee of ...

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‘FAQ’ doesn’t have force of law   (access required)

FAQs, or “Frequently Asked Questions,” in a government guide are not the kind of legal statement that can be challenged in a court action, the 4th Circuit has said in a case involving gun dealers. Two dealers, one from Virginia ...

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Lawyer Could-Have-Been: Robert Louis Stevenson

Robert Louis Stevenson (right) penned one of the greatest adventure tales published in the 19th century, “Treasure Island.” He produced a dark story of duality, “The Strange Case of Dr. Jekyll and Mr. Hyde,” as well as poetry for children ...

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Administrative – Gun Regs – AFT ‘Reference Guide’ – Judicial Review (access required)

Two gun dealers, one from Virginia and one from North Carolina, can’t get the 4th Circuit to overturn a “Frequently Asked Question” in a “Federal Firearms Regulations Reference Guide 2005” published by the Bureau of Alcohol, Tobacco, Firearms and Explosives, ...

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Criminal – Death Penalty – Statutory Factors – Prior Drug Offenses (access required)

The 4th Circuit turns away an appeal by an inmate convicted of strangling his cellmate with a towel, rejecting the capital defendant’s challenges to the district court’s voir dire; its denial of defendant’s motions under iiiBrady v. Marylandiii and Rules ...

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