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Author Archives: Deborah Elkins

Tort – Tortious Interference – Agent Action – Hostile Environment (access required)

A Richmond U.S. District Court denies the individual defendant’s motion to dismiss plaintiff’s complaint of tortious interference against defendant, which contends that under Virginia law an agent cannot interfere with a principal’s contract. Plaintiff alleges that she worked for defendant ...

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Civil Procedure – Discovery Costs – Patent Litigation (access required)

After a magistrate judge told a defendant that its discovery answers were “absolute nonsense,” and ordered it to produce discovery, the Richmond U.S. District Court imposes sanctions under FRCP 37, and requires defendant to pay plaintiff’s attorney’s fees of $5,929. ...

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Civil Procedure – Venue – Forum Selection Clause (access required)

An Alexandria U.S. District Court dismisses for improper venue this contract action filed by plaintiff travel company against a Rhode Island company that provides foreign exchange services to commercial entities, as the parties’ “Foreign Exchange Agreement” says that Rhode Island ...

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Labor – Unfair Labor Practices – Union Decertification – Textile Plan (access required)

The 4th Circuit says a National Labor Relations Board decision was properly issued by a two-member quorum of the board, and its decision ordering affirmative bargaining after the new owner of a Boykins, Va. textile facility committed unfair labor practices ...

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Labor – Arbitration Award – Scope Of Authority – Vacatur Reversed (access required)

Saying this arbitration award “stands in stark contrast” to the few times it has seen an arbitrator cross the line, the 4th Circuit reverses a district court’s vacatur of an arbitration award that interpreted a union contract’s Bonus Plan to ...

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Real Estate – Eminent Domain – ‘Blighted’ Property (access required)

A Roanoke City Circuit Court overrules B&B Holdings’ objection to a taking of its property under the Roanoke Redevelopment & Housing Authority’s power of eminent domain for Carilion Health System’s proposed biomedical operation, despite the fact that B&B’s own property ...

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Civil Procedure – Jurisdiction – Legal Notice Publication (access required)

Newspapers that meet the requirements of Va. Code § 8.01-324(A) may be used for legal notices and publications; no court ruling is necessary, says a Norfolk Circuit Court as it dismisses Dow Jones’ petition for lack of subject matter jurisdiction. ...

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Contract – Mechanic’s Lien – Land Records Filing (access required)

In this complaint seeking to enforce a mechanic’s lien, a Norfolk Circuit Court denies summary judgment to defendant owner even though the mechanic’s lien at issue was not filed in the circuit court land records, but served directly on defendant. ...

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Contract – Conditions Precedent – AIA Standard Agreement (access required)

Where the clear language of the parties’ contract creates a condition precedent requiring the submission of claims to the architect before litigation is initiated by the complaining party, a Culpeper Circuit Court dismisses this complaint against defendant Culpeper Memorial Hospital. ...

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