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Monthly Archives: August 2010

Civil Procedure – Standing – Civic Advocacy Group – Metrorail Project (access required)

An Alexandria U.S. District Court says plaintiffs, a developer and a civic advocacy group established to monitor development of the Dulles Corridor Metrorail Project, lack standing to pursue their 15-count complaint. Plaintiffs are a Virginia-based LLC which owns property adjoining ...

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Employment Discrimination – Race – Title VII – ‘Employer’ – Indirect Subsidiary (access required)

In this first-impression case, an Alexandria U.S. District Court denies reconsideration of its earlier decision that an African-American plaintiff can bring a Title VII race discrimination claim against the indirect subsidiary of an Alaska Native Corporation, which is an “employer” ...

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Intellectual Property – Student Papers – Plagiarism Website – Fair Use (access required)

A graduate student’s lawsuit against a proprietary Web site, “Turnitin,” used by schools to screen student papers for plagiarism and that digitally archives papers turned in by students, is dismissed because plaintiff’s claims for replevin, conversion and unjust enrichment are ...

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Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute (access required)

A Richmond U.S. District Court says a corporation with its principal place of business in Virginia may bring a contract action against its former manager, a New Jersey resident, who allegedly breached an agreement under the company’s Tuition Assistance Program ...

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Banks & Banking – Rejection Of Deposits – Foreign Currency (access required)

A bank did not breach its contract with plaintiff depositor when it rejected a variety of foreign currencies plaintiff attempted to deposit with the bank, some by ATM, and a Richmond U.S. District Court grants summary judgment to the bank ...

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Wills & Trusts – Prudent Investor Rule – Waiver – Attorney’s Fees (access required)

After awarding summary judgment to defendant bank on a son’s claims against the bank for its retention of bank stock in a family trust set up by his mother, due to waivers of the duty of prudence in Letters of ...

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Intellectual Property – Trademark Infringement – Paper Towel Dispenser (access required)

In this dispute over defendant von Drehle’s sale of allegedly inferior paper toweling for use in “touchless” paper towel dispensers designed by plaintiff Georgia Pacific for use exclusively with G-P toweling, the 4th Circuit vacates summary judgment for von Drehle ...

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Civil Procedure – Entry Of Default – Suit Papers – Registered Agent (access required)

The 4th Circuit says a district court abused its discretion when it refused to vacate the entry of default against a manufacturer sued by a private school for roof damage allegedly caused by defendant’s fire-retardant materials. Plaintiff school served a ...

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