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Monthly Archives: July 2010

Lawyer sanctioned for ‘DOA’ lawsuit

Saying their lawsuit was “legally dead on arrival at the courthouse,” a Patrick County Circuit Court has sanctioned a veterinarian and his lawyer for pursuing a frivolous lawsuit in violation of Virginia Code § 8.01-271.1. Like the Wicked Witch of ...

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Judge blocks part of Arizona immigration law

Our sister paper in Phoenix, the Arizona Capitol Times, has been following the controversy over that state’s new immigration law. A federal judge considering the government’s challenge to the Arizona law ruled this morning. ACT Editor Matt Bunk filed this ...

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Civil Rights – Va. FOIA – Public Information – Non-Virginia Citizen (access required)

Non-Virginia citizens who were denied access under the Virginia Freedom of Information Act to certain public records from Virginia state agencies, including information related to a child support matter and county real estate assessments, have standing to sue the Commonwealth ...

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Labor – FLSA – Overtime Pay – Executive Exemption (access required)

Although plaintiff served as a store “manager” in defendant Dollar General Store’s retail operation, there are genuine issues of material fact over her duties as a manager, and whether employer can qualify for the “executive exemption” from the requirement for ...

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Intellectual Property – Drug Patent – Markman Hearing – Claim Construction (access required)

In this litigation over two patents for pain-killers that are engineered to combat abuse of opioid pain prescription medicines, an Abingdon U.S. District Court issues its opinion construing certain claims after a Markman proceeding. The patents at the center of ...

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Intellectual Property – Copyright & Trademark – Conspiracy (access required)

An Alexandria U.S. District Court enters a $26 million jury award for a Florida-based designer and distributor of underground mining tires. Plaintiff Jordan Fishman and his three companies sued defendant corporations based in the United Arab Emirates and owned by ...

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Contracts – Race Discrimination – Attorney’s Fees (access required)

In this follow-up to the 4th Circuit decision that vacated a $10 million punitive damage award but upheld a $5 million jury award in compensatory damages for a plaintiff minority subcontractor against a defense contractor operating in Iraq, for violations ...

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Insurance – Auto Liability – Stacking – Anti-Stacking Policy Clause (access required)

Under the Virginia Supreme Court’s 2009 interpretation of Virginia law on “stacking” UIM coverage, an insured is entitled to only $500,000 in UIM coverage from his two auto liability policies, not the $1.75 million he requests, says an Alexandria U.S. ...

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Environmental – TVA Plants – Emissions Controls – Public Nuisance (access required)

The 4th Circuit reverses a district court’s injunction requiring immediate installation of emissions controls at four TVA electricity generating plants, based on the district court’s finding that emissions from TVA plants constituted a public nuisance in North Carolina. The Tennessee ...

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Constitutional – First Amendment – SSN Publication – Va. Land Records (access required)

Virginia may not enforce a statute that prohibits communication of an individual’s Social Security Number to the general public against an advocate for privacy in online records who republished SSNs of public officials to dramatize her message about a lack ...

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