Quantcast
Home / 2012 / November (page 4)

Monthly Archives: November 2012

No Forfeiture for Defendant’s ESOP Interest (access required)

A criminal defendant ordered to make restitution for wire fraud is not required to forfeit her interest in an ERISA-protected Employee Stock Ownership plan, an Alexandria U.S. District Court says; ERISA’s anti-alienation and assignment provision bars the government from seeking ...

Read More »

Laches Limits Damages for Patent Plaintiff (access required)

A plaintiff who waited over six years to file suit after having constructive knowledge of defendant’s infringement activities has not rebutted a presumption of unreasonable delay and the Norfolk U.S. District Court limits plaintiff’s damage award by excluding pre-filing damages. ...

Read More »

Complaint Meets ‘Double Designation’ Test (access required)

A defendant who removed a contract action to federal court has satisfied the “double designation” rule for alleging diversity jurisdiction based on allegations in plaintiff’s state court complaint and in the notice of removal, and the Richmond U.S. District Court ...

Read More »

Disabled Plaintiff Sues Over Retail Access (access required)

A plaintiff who uses a scooter and wheelchair for mobility has stated state and federal disability discrimination claims against defendant Colonial Williamsburg Foundation for its operation of the Merchants Square retail village, which plaintiff alleges imposes numerous barriers to his ...

Read More »

Contract case tests birth-injury coverage (access required)

The Supreme Court of Virginia has agreed to consider whether a medical malpractice insurance policy covers a doctor’s failure to participate in the Virginia birth injury fund as promised to the mother. The coverage dispute arises out of an emotionally ...

Read More »