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Opinion Digests

Banks & Banking – RTC – Claims Against Bank Officers – Limitations (access required)

Although the Resolution Trust Corporation in 1989 took over a failed Virginia savings and loan that became federally chartered in 1981, the fact that the S&L was federally chartered does not permit the court to apply federal common law to ...

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Criminal – Wiretap – Business Use Exemption – Telephone Calls – Bomb Threats (access required)

Where defendant plant installed a “voice logger” tape recording device which recorded, 24 hours a day, 7 days a week, all telephone conversations undertaken on telephone lines with extensions in the security office where plaintiff security officer worked, this constant ...

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Civil Rights – Prison Conditions – Retaliation – Denial Of IFP Status (access required)

Although plaintiff prisoner alleges defendant corrections officials unconstitutionally retaliated against him for requesting protective custody, his retaliation claims are legally and factually baseless, and the district court did not abuse its discretion in dismissing plaintiff’s in forma pauperis suit as ...

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Criminal – Sentencing – Drug Quantity – Sufficiency Of Factual Finding (access required)

Even though defendant pled guilty to conspiracy to possess with intent to distribute, and conspiracy to distribute, 100 or more kilograms of marijuana, his plea did not establish that defendant should be held accountable for over 100 kilos of marijuana ...

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Contract – Asset Purchase Agreement – Cellular Phone Service License – Subordination Clause (access required)

Where the purchase agreement for the sale of a Virginia company’s cellular telephone service license provided that the seller would finance a large portion of the sale in exchange for a security agreement that would make the seller “equivalent but ...

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Civil Practice – Res Judicata – Copyright – Unfair Competition (access required)

Where plaintiffs publishers of phone book covers for military installations allege defendants used copyrighted versions of plaintiffs’ telephone book covers and contract forms in violation of the Lanham Act, 15 U.S.C. § 1125(a), and of Virginia’s unfair competition law, these ...

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Administrative – Commercial Fishing – Invalid Catch Quota (access required)

Where defendants, the U.S. Secretary of Commerce and his designees, rejected the best scientific information available at the time they set the 1994 commercial catch quota for summer flounder and set a quota less than the geometric mean figure of ...

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Intellectual Property – Copyright – Dickens Carolers Figurines – Injunction During Christmas Season (access required)

Although defendants’ molded figurines of “Dickens Christmas carolers” resemble those handmade and sold by plaintiffs and include characters based on the same archetypal figures: a pudgy man with a stovepipe hat, the singing woman with a shawl, the drummer boy ...

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Criminal – Grand Larceny – Value Of TVs – Opinion Evidence (access required)

Where the commonwealth in this grand larceny case attempted to prove the value of two television sets stolen from a cable television company with the opinion testimony of the cable company’s video production chief,” the opinion of this non-owner of ...

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