Quantcast
Home / 2010 (page 20)

Yearly Archives: 2010

Civil Procedure – Pleading Standards – Twiqbal – Affirmative Defenses (access required)

In this suit by plaintiff company for breach of a nuclear imaging services contract, a Roanoke U.S. District Court says the heightened standard for pleading under ‘Twiqbal’ does not apply to affirmative defenses in the answer filed by a cardiology ...

Read More »

A good month

Three partners at the Virginia Beach firm of Shapiro, Cooper, Lewis & Appleton had a busy month of November going. Each had a big case in the works. On Nov. 15, John Cooper, Jim Lewis and Rick Shapiro all left ...

Read More »

Criminal – Civil Forfeiture – Cash With Drugs (access required)

A Richmond U.S. District Court orders forfeiture of $11,210 seized from defendant’s vehicle, along with what appeared to be additional illegal substances, after defendant was arrested with crack cocaine during an arranged drug buy with a confidential informant. The U.S. ...

Read More »

Intellectual Property – Gas Station Fuel Pumps – Claim Construction (access required)

An Alexandria U.S. District Court engages in claim construction in this case involving gas station fuel-pump technology, as part of the case-within-a-case in a malpractice action against an IP firm. The technology in this case relates to gas station fuel ...

Read More »

Insurance – Legal Malpractice – Duty To Defend – Business Enterprise Exclusion (access required)

An Alexandria U.S. District Court says a legal malpractice carrier does not owe a defense to a patent lawyer and his law firm who provided legal advice but also invested in and managed client business enterprises that profited from wireless ...

Read More »

Civil Procedure – Forum Selection Clause – Sovereignty v. Geography (access required)

A forum selection clause choosing “the courts of the State of Virginia” means Virginia state courts, not federal courts in Virginia, and the 4th Circuit follows its sister circuits and upholds remand of this contract dispute to a Virginia state ...

Read More »

Insurance – Life Insurance – Cancellation Date (access required)

In a life insurance policy with no cancellation clause, the insurance company’s letter “accepting” the policyholder’s “offer” to cancel the policy, came one day after the policyholder’s death, and because there was no mutual consent as to cancellation before the ...

Read More »