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Opinion Digests

Civil Practice – Personal Jurisdiction – Long-Arm Statute – Sufficient Contacts In Va. (access required)

Where defendant, a Florida architectural corporation, accepted an offer by a Virginia corporation to provide consulting and technical services on a hospital project in Florida and defendant continued to perform similar services for plaintiff (who purchased the assets of the ...

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Civil Practice – Discovery – Ex Parte Contact With Witnesses (access required)

Where defendant railroad in this action under the Federal Employers’ Liability Act has filed certain interrogatories and requests for documents in an effort to learn which railroad employees plaintiff’s counsel has interviewed during the course of investigating this case and ...

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Civil Practice – Pleading – Tortious Interference – Antitrust Claims (access required)

Although plaintiff business’s allegations of tortious interference with contracts and business relations may implicate certain potential federal antitrust claims over which the federal courts have exclusive jurisdiction, and one element of plaintiff’s claim is predicated on alleged antitrust violations, the ...

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Intellectual Property – Computer Program – Fiduciary Duty (access required)

Where the district court in this copyright and trade secrets action by a company against its former computer programmer concluded that the programmer owned the copyright in a later version of his satellite orbit simulation program, reasoning that the programmer ...

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Criminal – Sentencing – Pre-Sentence Cooperation – Sentence Reduction (access required)

Where the government, with defendant’s consent, did not move for a downward reduction in defendant’s sentence for his pre-sentence assistance and cooperation as provided for in defendant’s plea bargain, but instead moved for a reduction in sentence under Fed. R. ...

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Criminal – Sentencing – Career Offender – Prior Felonies – Attempted Possession – N.Y. Law (access required)

Although defendant previously had been twice convicted under New York law of attempted criminal possession of controlled substances, the district court erred in concluding that these two felony convictions made defendant eligible for sentencing as a “career offender” under § ...

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Medical Malpractice – Review Panel – Diversity (access required)

Where defendant in this medical malpractice action filed in federal court seeks appointment of a medical malpractice review panel under Va. Code § 8.01-581.1, the motion is denied because the Virginia Medical Malpractice Act does not expressly provide for a ...

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