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Monthly Archives: August 2010

Domestic Relations – Physical Custody – Joint Legal Custody – Co-parenting Difficulties (access required)

Although a mother claimed the father was not interested in co-parenting with her in the joint custody and care of their child, because he would not communicate with her and intended to change the child to a school in Maryland, ...

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Tort – FTCA – Sovereign Immunity Waiver – Pier Construction (access required)

Plaintiff yacht center can’t sue the U.S. Army Corps of Engineers under the Federal Tort Claims Act for issuing a permit for rebuilding a marina, then notifying plaintiff that its new pier was a hazard to navigation, because plaintiff has ...

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Civil Procedure – Diversity Jurisdiction – Association Citizenship (access required)

A Richmond U.S. District Court dismisses for lack of subject matter jurisdiction one lodge’s suit against another because plaintiff has failed to adequately allege diversity of citizenship with allegations as to defendant unincorporated association and the John Doe and Jane ...

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Civil Procedure – Res Judicata – Limitations Dismissal (access required)

An Alexandria U.S. District Court dismisses this suit alleging breach of tort and contract duties as barred by the doctrine of res judicata. The claims in this case arise out of a 2003 copyright infringement suit defendant brought on behalf ...

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Intellectual Property – Attorney’s Fees – ‘Prevailing Party’ (access required)

A defendant who obtained an involuntary dismissal without prejudice of plaintiff’s suit alleging copyright infringement and violation of the Virginia Computer Crimes Act is not a “prevailing party” entitled to attorney’s fees pursuant to 17 U.S.C. § 505 and a ...

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Civil Procedure – Motion To Strike – Pleading Required (access required)

An Alexandria U.S. District Court denies a pro se plaintiff’s motion to strike defendant’s motion to dismiss plaintiff’s suit, which alleges breach of a contract for rental of a parking space at an apartment complex. Because defendant’s motion to dismiss ...

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Attorneys – Legal Malpractice – Tort/Contract – Limitations (access required)

An Alexandria U.S. District Court denies defendant law firm’s motion to dismiss as time-barred plaintiff’s claims alleging legal malpractice; at this stage of the litigation, the court will not dismiss a complaint based on the affirmative defense of the statute ...

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Admiralty – Negligence – Forklift Accident – Voluntary Spotters (access required)

Although the Navy was not required to use spotters or safeties when a petty officer operated a 20-ton forklift, and the Navy voluntarily undertook to provide this assistance, a contractor’s installation technician working aboard the ship cannot collect from the ...

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Criminal – State Department ID – Unlawful Production (access required)

A self-employed plumber who used a privately issued government identification document at TSA airport checkpoints, and admitted to a federal agent that he believed TSA agents probably assumed he worked for the government, is not entitled to a judgment of ...

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