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Monthly Archives: June 2010

Civil Rights – Excessive Force – Truancy Summons – Entry Into Home (access required)

An Alexandria U.S. District Court looks to a 2003 Virginia Attorney General Opinion to hold that a Prince William County police officer could not rely on Va. Code § 19.2-74(A)(3) to support his warrantless entry into a home to serve ...

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Intellectual Property – Patent Infringement – Internet ‘Cookies’ – Prior Art (access required)

In this patent infringement suit involving Internet “cookies,” an Alexandria U.S. District Court says plaintiff’s motion for summary judgment on defendants’ § 102 prior art invalidity defenses must be granted in part and denied in part. Although neither party has ...

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Intellectual Property – Patent Infringement – Internet ‘Cookies’ (access required)

In this patent infringement suit involving Internet “cookies,” an Alexandria U.S. District Court denies a motion for reconsideration. In its motion for reconsideration of the court’s summary judgment ruling, plaintiff contends 1) the court’s opinion did not address whether two ...

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Civil Procedure Damages – Expert Witness – Daubert (access required)

The CFO of plaintiff’s parent company has general financial expertise, but plaintiff has not shown the CFO has experience valuing insurance companies, and his valuation theory, which multiplies earnings by a factor of between eight and 14 to project a ...

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Civil Procedure – Jury Demand – Severance Of Non-Jury Claims (access required)

A Richmond U.S. District Court grants defendant’s motion to strike plaintiff company’s demand for a jury trial and sever all nonjury claims, and the court will serve as fact finder for all claims against defendant Michael Kehoe for violation of ...

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Civil Rights – Conservator Of Peace – Badge With Seal – Burford Abstention (access required)

Although a 2010 amendment has mooted plaintiff’s request for declaratory and injunctive relief with regard to his right, as a Special Conservator of the Peace, to wear a badge with the Seal of the Commonwealth, the amendment has not mooted ...

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Creditor’s Rights – Foreclosure Sale – ‘Splitting’ Note From Deed (access required)

A homeowner cannot set aside the foreclosure sale of her Manassas home by suing defendant creditor alleging she is the only party to this matter who can prove legal and equitable ownership in the property, and defendants’ foreclosure proceeding violated ...

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Medical Malpractice – Shingles Treatment – Expert Opinion – Clinical Practice (access required)

An anesthesiology professor in Wisconsin who directs a pain clinic has an active clinical practice and can testify on the standard of care for informed consent and for epidural steroid injections for treatment of pain from shingles, even though he ...

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Negligence – Premises Liability – Slip & Fall – Supermarket Aisle (access required)

An Alexandria U.S. District Court grants summary judgment to defendant supermarket in a woman’s suit alleging injuries after she slipped and fell in a store aisle; plaintiff has not put forth any evidence that any employee or agent of defendant ...

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