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Opinion Digests

Sales Ratio Comparison Stated False Ad Claim (access required)

In this dispute between two producers of “wood-alternative decking,” a Harrisonburg U.S. District Court dismisses as “puffery” plaintiff’s Lanham Act claims based on statements that defendant is “number one” and the “preferred premium leader” in product categories, but refuses to ...

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Due Process Provided for Code Violation Claims (access required)

The Court of Appeals affirms a circuit court decision upholding findings of the Fairfax County Department of Code Compliance, which had issued notice to appellants for seven violations of the Uniform Statewide Building Code at their Annandale, Virginia property; the ...

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Body Camera Evidence Is ‘Excited Utterance’ (access required)

At defendant’s trial for assault against a family member, third or subsequent offense, the Norfolk Circuit Court will admit as “excited utterances” the victim’s 911 call recording and statements captured by a police officer’s body camera when police arrived, as ...

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Trespass Claims Barred by Earlier Suit (access required)

Landowners suing VEPCO and T-Mobile for trespass, unjust enrichment and ejectment for installation of cellular telephone equipment, property damage and overburdening of VEPCO’s easement cannot pursue most of their claims, says a Norfolk Circuit Court, as the claims are barred ...

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Plaintiff’s Damages Experts Challenged (access required)

In this personal injury suit, a Norfolk Circuit Court will exclude testimony from one of plaintiff’s nine expert witnesses proffered on the “last possible day” of the court’s scheduling order, but will allow testimony from plaintiff’s other five experts on ...

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