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Author Archives: Deborah Elkins

Intellectual Property – Lanham Act – Baby Formula – Expert Witnesses (access required)

In this suit in which Mead Johnson, manufacturer of Enfamil brand baby formula, alleges defamation and other counterclaims against PBM Products, which has advertised its store-brand infant formula as comparable to Enfamil, a Richmond U.S. District Court excludes an e-mail ...

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Intellectual Property – Lanham Act – Defamation – Baby Formula (access required)

In this suit in which Mead Johnson, manufacturer of Enfamil brand baby formula, alleges defamation and other counterclaims against PBM Products, which has advertised its store-brand infant formula as comparable to Enfamil, a Richmond U.S. District Court grants plaintiff PBM ...

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Search & Seizure – Warrant Affidavit – Sufficiency – Good-Faith Exception (access required)

A Richmond U.S. District Court denies a motion to suppress evidence found in a residence, pursuant to a search that defendant contends was illegal because the affidavit supporting the search warrant did not establish probable cause and was so lacking ...

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Civil Procedure – Discovery – Corporate Designee (access required)

In this patent infringement dispute, a Richmond U.S. District Court grants plaintiff Humanscale’s motion to compel and orders defendant CompX to provide certain sales data and to make properly prepared designees available as corporate representatives for separate depositions on both ...

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Insurance – Life Insurance Proceeds – Beneficiary Change (access required)

A Richmond U.S. District Court declines to dismiss an insurance carrier’s declaratory judgment action to resolve who was entitled to decedent’s $54,800 in employee life insurance benefits, his ex-wife who claimed under a property settlement agreement, or his second wife ...

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Consumer Protection – Vehicle Repo – Bankruptcy Petition – Ipso Facto Clause (access required)

The 2005 BAPCA eliminated the “ride-through” option that permitted Chapter 7 debtors who were current on their car loans to continue making payments and keep the car after bankruptcy discharge, and the 4th Circuit affirms a lower court’s decision to ...

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Civil Procedure – Settlement Agreement – Indemnity – Scope (access required)

In this trademark infringement dispute between plaintiff Noell Crane Systems and defendant Noell Crane and Services Inc., a Norfolk U.S. District Court holds that the Settlement Agreement between the parties requires NCSI to specifically perform its obligations under the Agreement, ...

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Civil Procedure – Class Action – Diversity – Citizenship – LLC (access required)

In this appeal of a South Carolina plaintiff’s class action suit against payday lenders, the 4th Circuit says that a defendant LLC is an “unincorporated association” under 28 U.S.C. § 1332(d)(10), and therefore is a citizen of the state under ...

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