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Author Archives: Deborah Elkins

Creditor’s Rights – Garnishment – Default Judgment (access required)

In plaintiff company’s efforts to recover on a default judgment against defendant Bulgarian Telecommunications Company by garnishing defendant’s funds allegedly held in Citibank accounts, an Alexandria U.S. District Court denies defendant’s motion to dismiss for lack of personal jurisdiction and ...

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Labor – Overtime Pay – Termination Notice (access required)

A plaintiff who is suing his former employer for violation of overtime pay requirements under the Fair Labor Standards Act, cannot also sue for “termination without adequate notice” because Virginia law does not require an employer to provide advance notice ...

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Intellectual Property – Corporate Identity Theft – Damages – Reconsideration (access required)

An Alexandria U.S. District Court declines to reconsider its earlier decision granting plaintiff’s requests for statutory damages of $20,000 and for attorney’s fees, in this suit alleging violation of various trademark and service mark infringements, cybersquatting violations and business torts, ...

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Civil Rights – ABC Enforcement – Club Activity (access required)

A proprietor of two Richmond-area clubs who alleges law enforcement activities by defendant police agencies has deprived him of “economic freedom” has his suit dismissed by a Richmond U.S. District Court, as defendants have qualified and/or sovereign immunity from any ...

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Intellectual Property – Trademark Infringement – Flooring Supplier (access required)

A Richmond U.S. District Court denies reconsideration of its decision that plaintiff flooring supplier has proven neither damages nor injury, in its trademark suit challenging defendant’s advertising. Under Xoom Inc. v. Imageline Inc., 323 F.3d 279 (4th Cir. 2003), a ...

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Administrative – FOIA – Records Description (access required)

An Alexandria U.S. District Court grants summary judgment to the CIA on three of six categories of documents sought by a nonprofit group’s FOIA request, as the group’s requests for information on internal matters such as the agency’s indexing and ...

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Civil Procedure – Removal – FTCA (access required)

An Alexandria U.S. District Court denies plaintiff’s motion to remand to Virginia state court this pro se suit filed by a disappointed loan applicant against a federal credit union that she claimed denied her application because of discrimination, and then ...

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Criminal – Death Penalty – Post-Trial Motions – Extension (access required)

A Norfolk U.S. District Court says it has inherent authority and Rule 57(b) authority to consider post-trial motions after the selection/penalty phase of a federal death penalty case, and will grant defendant an extension of time to five weeks from ...

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Civil Rights – False Arrest -Swordplay Report – Qualified Immunity (access required)

A plaintiff who twice was contacted by police over the course of an evening of drinking after a companion reported to police first, that plaintiff had assaulted him with a sword, and then, that plaintiff was harassing the companion after ...

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