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Author Archives: Virginia Lawyers Weekly

Admiralty – COGSA – State Law (access required)

The district court did not err in finding that federal maritime law applied to plaintiff German manufacturer’s claim against defendant terminal for a damaged woodworking press, and in also deciding that the “Himalaya clause” in the bill of lading effectively ...

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Criminal – Double Jeopardy – Forfeiture (access required)

Although defendant contends on rehearing of this case that the court misunderstood his apparent concession, during oral argument, of the appropriateness of the forfeiture of the building which housed the family health clinic, and that he was conceding only the ...

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Civil Practice – Preliminary Injunction – Oil & Gas Report – Securities Fraud – Standing – Lanham Act (access required)

Where plaintiff, an oil & gas consultant who prepared a report for defendant based on certain assumptions supplied by defendant, seeks to enjoin defendant from further distributing or otherwise misusing a report prepared for defendant by plaintiff, which it claims ...

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Civil Rights – First Amendment – Commercial Speech – Lottery Radio Advertising (access required)

Where two federal statutes governing state lotteries prohibit broadcasting of radio advertising of lotteries, except in states where lotteries are conducted under authority of state law, the application of these statutes to a radio station on the Virginia-North Carolina border ...

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Contract – Environmental – Indemnity – Sale Of Scrap Metal Business – Extrinsic Evidence (access required)

Where the 1985 sales agreement for the purchase of certain assets and the assumption of designated liabilities of a scrap metal business provided that buyer would indemnify and hold seller harmless from “all loss, damages, claims, actions, suits, costs and ...

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Rehearing Granted (306833) (access required)

Upon request for a poll of the court, a majority of the active circuit judges voted to rehear this case by the en banc court. The decision of the panel in this case, decided June 11, 1993, shall be and ...

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Taxation – Attorney's Fees – EAJA (access required)

Where the district court adopted the recommendation of the bankruptcy court and applied the Equal Access to Justice Act, 28 U.S.c. § 2412(b), to debtors’ request for attorney’s fees, this was reversible error, because the request is governed by the ...

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Civil Practice – Jurisdiction – Arbitration (access required)

Where plaintiff has sued a securities firm alleging various violations of state and federal laws, but he has signed several clients’ agreements which provide that “all controversies” which may arise between the parties “shall be determined by arbitration,” the district ...

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Civil Practice – Jurisdiction – Removal For Preemption – Remand (access required)

Where the district court held that neither § 514(a) of the ERISA statute nor § 301 of the Labor Management Relations Act preempted plaintiff’s claim that his forced job change was illegal discrimination because he had received workers’ compensation benefits, ...

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