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Author Archives: Deborah Elkins

Administrative – Pole Attachment Act – Rate Dispute (access required)

In this dispute over rent payments relating to defendant Comcast’s use of plaintiff Virginia Electric’s network of electricity distribution poles on which defendants installed pole attachments for “telecommunication services,” an Alexandria U.S. District Court says plaintiff has not stated claims ...

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Contract – Successor Liability – Discovery (access required)

Azko, a manufacturer of industrial and wood coatings trying to collect for products shipped to defendant Chesapeake Hardwood Products, is entitled to discovery on its contract claims against Chesapeake and its successor corporation, Pearl Avenue USA. Plaintiff Azco Nobel Coatings ...

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Intellectual Property – Noninfringement – Invalidity – Piledriving Equipment (access required)

A Norfolk U.S. District Court grants defendant’s motion for summary judgment of noninfringement of a patent for a vibratory assembly used in piledriving equipment. The ’964 patent was assigned to plaintiff American Piledriving Equipment Inc. (APE). The patent involves a ...

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Criminal – Sentencing – Drug Trafficking – Mandatory Minimum (access required)

A defendant who pleaded guilty to a drug trafficking conspiracy charge that has a higher mandatory minimum sentence than the mandatory minimum sentence on his 18 U.S.C. § 924(c) charge of use of a firearm during the drug trafficking conspiracy, ...

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Bankruptcy – Student Loan – Post-Petition Interest – Collection Costs (access required)

A bankruptcy court did not have jurisdiction to determine post-petition interest and collection costs on a defaulted student loan that occurred after the Chapter 13 estate was closed and the debtor discharged, and the 4th Circuit reverses the district court ...

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Constitutional – First Amendment – Airport Newspaper Racks (access required)

A public airport’s total ban on newspaper racks inside its terminals violates the First Amendment and the 4th Circuit upholds summary judgment for plaintiff newspaper publishers. We found a similar ban unconstitutional in Multimedia Pub. Co. of S.C. Inc. v. ...

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Real Estate – Easement – Deed – Partial Release – Reconsideration (access required)

An Alexandria U.S. District Court denies plaintiff’s motion to reconsider the court’s Oct. 22, 2009 decision (VLW 009-3-578) rejecting plaintiff’s claim for an easement. Plaintiff essentially argues the note holder’s signing the deed of partial release created a conditional easement. ...

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