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Author Archives: Virginia Lawyers Weekly

Civil Rights – Off-Duty Officer – Private Security Guard (access required)

Where two off-duty police officers were serving as private security guards at a restaurant when they began pursuing plaintiff, whom a restaurant employee reported had stolen less than $200, and although the guards ultimately shot plaintiff in the neck after ...

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Insurance – Professional Liability – Physician – Artificial Insemination – Criminal Misconduct (access required)

Where the physician, a fertility specialist who was insured under plaintiff’s professional liability policy, engaged in criminal misconduct by artificially inseminating his female patients with his own semen, which he told the patients came either from their husbands or from ...

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Civil Practice – Jurisdiction – Abstention – Zoning Dispute – Alternative Discharge Sewage System (access required)

Where plaintiff landowners are suing local zoning officials under 42 U.S.C. § 1983 for their interpretation of the local zoning ordinance in a manner which denied the landowners a permit for an alternative discharging sewage system, the district court will ...

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Attorneys/Ethics – Legal Malpractice – Criminal Defense – Plaintiff's Guilty Plea (access required)

Although plaintiff now claims that defendant, who served as plaintiff’s defense counsel when plaintiff was charged with illegally distributing controlled substances without a legitimate medical reason, had a conflict of interest because he also represented a police informant in an ...

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Tort/Negligence – Products Liability – Boat Oil Leak – Tenn. Law (access required)

Where plaintiff sued in strict liability for damages from an oil leak in a boat he purchased, Tennessee law, which governs this case, requires the presence of either property damage or physical injury, and because the boat did not pose ...

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Civil Practice – Corporate – Corporate Officer – Conspiracy (access required)

Although defendants contend that the president of defendant company cannot be guilty of conspiring with his company to damage plaintiff, a corporate officer can be liable with his corporation on an alter-ego theory, under appropriate circumstances, and the court denies ...

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Intellectual Property – Patent Infringement – Air Bottle Conveyor (access required)

Although plaintiff contends defendant has infringed on its patent for a “bottle air conveyor” by manufacturing, using and selling infringing air bottle conveyors, the court finds no infringement by defendant. In order to determine whether a patent has been infringed, ...

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Contract – Asset Purchase – Employee Salaries Seniority (access required)

Although the purchaser of a company’s assets alleges that the seller failed to accurately state the seniority and current salaries of four employees in a section of the purchase agreement which identified the seller’s employees, the purchaser has not offered ...

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Tort/Negligence – Workers' Comp – Comp Bar – Defamation – Assault & Battery – Discipline Of Sales Clerk (access required)

Where plaintiff, a former sales clerk for defendant Montgomery Ward store, alleges defendant supervisor repeatedly made derogatory racist remarks to him during the course of discussing a customer complaint, and had a security guard escort plaintiff from the store while ...

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