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Author Archives: Deborah Elkins

Tort – Defamation – Vaccination Dispute – Opinion v. Fact (access required)

An Alexandria U.S. District Court dismisses a $1 million defamation suit against a leading advocate of child vaccination, holding that defendant physician’s statement, “She lies,” in reference to an anti-vaccination advocate, was not actionable. Plaintiff Barbara Loe Arthur is the ...

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Employment Discrimination – Title VII – Hostile Environment – Remedial Procedures – Policewoman (access required)

In a policewoman’s Title VII suit, a Richmond U.S. District Court grants summary judgment to defendant police department, as defendants have shown plaintiff failed to take advantage of remedial procedures for alleged conduct by supervisors, and the alleged conduct by ...

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Insurance – Policy Coverage – Sprinkler System – Restoration Period (access required)

An Alexandria U.S. District Court says a warehouse owner that leased the property to a coffee company has coverage for fire loss and the period of restoration under the insurance policy began to run on the date of the fire. ...

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Administrative – Carmack Amendment – Preemption – Shipping Damage (access required)

In this dispute over damage to a heat exchanger that fell off a truck, a Richmond U.S. District Court grants summary judgment to third-party defendant truck operator on claims asserted by a transportation broker, the third-party plaintiff, on contract and ...

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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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