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Author Archives: Deborah Elkins

Intellectual Property – Patent Infringement – Online Business Referral – Markman Hearing (access required)

In this patent infringement case involving an online business referral system, a Norfolk U.S. District Court has conducted a second Markman hearing to construe certain terms. Plaintiff alleges defendant has infringed its patent by making, using, offering to sell, and/or ...

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Civil Procedure – Collateral Estoppel – Prior Conviction (access required)

An Alexandria-based national real estate developer wins summary judgment in the Alexandria U.S. District Court on its fraud, business tort and RICO claims against an employee of an environmental remediation company, who conspired with his brother, the developer’s former engineering ...

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Civil Rights – Schools – Disabled Student – IDEA – Attorney’s Fees (access required)

A Richmond U.S. District Court awards parents of a disabled student who successfully sued under the Individuals with Disabilities Education Act damages of $33,188, attorney’s fees of $307,150 and litigant expenses of $8,370, after defendant school board made a Rule ...

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Civil Procedure – Subpoena – Nonparty Witness – Securities Fraud – Fifth Amendment (access required)

In a securities fraud action, the 4th Circuit upholds a Maryland federal district court’s modification of a Massachusetts federal district court’s protective order that allowed limited disclosure of the identity of a nonparty witness who allegedly reported to defendant company’s ...

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Good news for appellants

If you’re asking the Court of Appeals to consider an issue of first impression, your appeal won’t be kicked under Rule 5A:20 for failing to cite precedent directly on point. Duh, you say. But it’s more complicated than you might ...

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VLW Quick 10: Closing Arguments in the Movies (access required)

Litigators say that trying a case means telling a story. Lots of lawyer movies follow a narrative arc up to a climactic closing argument. Some of the summations in this list of flicks caused fireworks, some landed with a thud. ...

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Contract – Construction – Arbitration – Waiver (access required)

A construction company that spent two and one-half years preparing for litigation of its dispute with a subcontractor and their nursing home client has waived its right to compel arbitration, and the Hopewell Circuit Court denies its motion to compel ...

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Contract – Loan Proceeds Recovery – Appraiser’s Estimate (access required)

A lender whose borrower extinguished its $2.4 million debt in bankruptcy court can sue an appraiser, Republic Associates, for alleged breach of its contract to inspect the borrower’s assets as part of the lender’s due diligence, but a Roanoke City ...

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Zoning – Height Limit – Church Addition (access required)

A Norfolk Circuit Court dissolves a preliminary injunction that kept a church from constructing a 53-foot high building addition, as the property owner who challenged the alleged violation of the zoning district’s height requirement has failed to show a defect ...

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