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Monthly Archives: November 2010

Intellectual Property – Patent Infringement – Foreign Owner – Standing (access required)

The foreign owner of patents in suit at issue here – which prevent children from oversteering ride-on vehicles – may maintain standing to sue after transferring ownership of the patents to its affiliated distributor; an Alexandria U.S. District Court says ...

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Contract – Loan Agreements – Guaranty – Fraud Claim (access required)

A Richmond U.S. District Court dismisses a borrower’s pro se counterclaim for fraud against plaintiff bank, which has sued for breach of contract in the borrower’s default on five loan agreements between the bank and defendant and his company. The ...

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Employment Discrimination – Race – Disparate Discipline – Timekeeping (access required)

A Richmond U.S. District Court dismisses a Title VII suit filed by a woman who alleges she was subjected to disparate discipline when she was terminated for a policy violation involving the method she used to record her time, when ...

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Intellectual Property – Copyright Infringement – Va. Trade Secrets Act – Broadcast Software (access required)

A company that developed software for video transmission over the Internet, and had a contract with defendant Internet Technology Broadcasting Corporation to develop software for the Department of Veterans Affairs, can sue for copyright infringement on a theory of vicarious ...

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Employment Discrimination – Age – Harassment – Retaliation (access required)

An instructional systems design specialist for the Federal Deposit Insurance Corporation, who began receiving negative performance reviews in 2005 and received a series of such reviews before and after her 2009 EEO complaint alleging age discrimination and harassment, has not ...

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Civil Procedure – Personal Jurisdiction – Defamatory E-Mail (access required)

Although some persons in Virginia might have received an allegedly defamatory e-mail affecting plaintiff security contractor’s business, the contractor has not shown that the allegedly harmful conduct was directed at Virginia contacts or caused plaintiff damage in Virginia, and a ...

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Civil Procedure – Settlement Enforcement – Attorney’s Fees (access required)

A Newport News U.S. District Court adopts a magistrate judge’s report and grants plaintiff’s motion to enforce a settlement agreement that awards plaintiff $60,000 in her Title VII case, but the court denies plaintiff’s request for attorney’s fees incurred in ...

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Consumer Protection – TILA – Rescission Notice (access required)

A borrower cannot sue for a Truth-in-Lending violation based on a claim that the requirements for canceling an arbitration agreement in the loan were different from those for rescinding the entire transaction; a Richmond U.S. District Court says they were ...

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Tort – Tortious Interference – Job Loss – Confidentiality Breach (access required)

A psychologist hired to assist a company with confidential 360 Evaluations for its senior executive staff may have expressed dissatisfaction with a company administrative assistant’s possible role in a “Lost Report Incident,” and have requested that another staff person be ...

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Negligence – Slip & Fall – Limitations (access required)

An Alexandria U.S. District Court denies defendant supermarket’s motion to dismiss plaintiff’s slip-and-fall suit, even though plaintiff filed her original complaint in Virginia state court six days after expiration of the two-year statute of limitations because of unprecedented snow storms ...

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