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Opinion Digests

Subject Matter Jurisdiction – Federal Question – Choice of Law – Contracts – Federal Land (access required)

Jaaat Technical Services LLC v. Tetra Tech Tesoro, Inc. (VLW No. 017-3-452, 22 pp.)(Lauck, J.) 3:15-cv-235; E.D.Va. Holding:  Because the parties’ choice-of-law clause, which provides that Virginia law applies to any contract disputes, is enforceable, Virginia law applies. As a ...

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Evidence – Motions to Quash – Confidentiality (access required)

U.S. v. Pomrenke (VLW No. 017-3-458, 4 pp.) (Sargent, M.J.) 1:17-cr-00023; W.D. Va. Holding:  In this motion to quash subpoenas for production and testimony issued by the United States in connection with a criminal proceeding, the interests of the Judicial ...

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Preliminary Injunction – Employees – Trade Secrets – Confidentiality (access required)

Integrated Global Services Inc. v. Mayo (VLW No. 017-3-468, 18 pp.) (Lauck, J.) 3:17-cv-563; E.D. Va. Holding: Where an employee executed a confidentiality agreement with his employer governing the use, non-disclosure and return of company information and property but, upon ...

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Motion for Sanctions – Failure to Convey Settlement Offer – Reasonable Fees (access required)

Blowers v. Lerner (VLW No. 017-3-469, 17 pp.)(Lee, J.) 1:15-cv-889; E.D. Va. Holding:  On a motion for sanctions against respondent opposing plaintiff’s counsel for failure to convey a settlement offer, the court may after dismissing substantive claims retain jurisdiction to ...

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Subject Matter Jurisdiction – Supervised Probation – Waivable Defect (access required)

Silvious v. Commonwealth (VLW No. 017-7-230-UP, 8 pp.) (Decker, J.) Record No. 1518-16-3. Appeal from the Circuit Court of Rockingham County (Wilson, J.) Holding: Where the circuit court may have committed error in the way in which it extended the ...

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Error – Reduced Charge – Ends of Justice Exception to Failure to Preserve Argument (access required)

Jones, S/K/A Jake Robert Jones v. Commonwealth (VLW No. 017-7-231-UP, 9 pp.) (Alston, J.) Record No. 0837-16-3. Appeal from the Circuit Court of Roanoke County (Swanson, J.) Holding: Where the plaintiff-appellant was convicted for misdemeanor interference with the property rights ...

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Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification (access required)

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

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Dismissal Based on Sovereign Immunity – Third-Party Claim Not Derivative (access required)

Glover v. Hryniewich and the City of Norfolk, Virginia v. Willard Marine, Inc. and SAFE Boats International, LLC (VLW No. 017-8-090, 7 pp.) (Lannetti, J.) CL16-3262-00/01/02/03 Holding: Where the complaint against defendant and third-party plaintiff-city was dismissed based on immunity ...

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