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Opinion Digests

‘Cashflow’ Education Products Can Sue ‘Cashflow’ Pay App (access required)

In plaintiff’s trademark infringement suit against defendant Cashflow Tech­nologies Inc., which uses the “Cashflow” mark for its financial education products, and has persuaded Amazon and Google to remove plaintiff’s “Cashflow” mobile phone application as an infringement upon defen­dant’s “Cashflow” trademark, ...

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Release Did Not Cover ‘Rehire’ Age Bias Claims (access required)

Although plaintiff signed a severance agreement at the end of his prior em­ployment with defendant, he only waived reemployment claims stemming from his termination, and did not waive the right to seek future employment, and the Lynch­burg U.S. District Court ...

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No FCA Claim for ‘Vague’ Billing Concerns (access required)

An ultrasound technologist’s “vague concerns” about defendant hospital’s per­formance of certain ultrasounds and bill­ing practices, which primarily related to possible underbilling, were not “protected activity” under the False Claims Act, and the hospital wins summary judgment on plaintiff’s claim that ...

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Plaintiff Loses ‘Defamation by Implication’ Claim (access required)

In a UVA associate dean’s defamation action against Rolling Stone magazine and the author of its debunked article, “A Rape on Campus,” a Charlottesville U.S. District Court grants defendants’ motion for judgment as a matter of law on plain­tiff’s claim ...

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Sentencing Court Cites ‘Evolving Law’ on Marijuana (access required)

A Newport News U.S. District Court revokes a drug defendant’s supervised re­lease for multiple violations of his condi­tions, including DWI and marijuana pos­session; however, in light of the “evolving state of the laws criminalizing” marijua­na possession and DOJ guidelines on ...

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Trustee Faces Fiduciary Claims in ESOP Transactions (access required)

In this suit by an employee of a govern­ment contractor challenging two transac­tions involving an Employee Stock Own­ership Plan, the Alexandria U.S. District Court says there are genuine disputes of material facts over the plan trustee’s dis­charge of its fiduciary ...

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Va. Robbery Is ‘Violent Crime’ for Career Offender Status (access required)

A defendant who pleaded guilty to pos­session of cocaine base with intent to dis­tribute can be sentenced as a career offend­er under USSG § 4B1.1 because his prior Virginia conviction for robbery is a “crime of violence,” notwithstanding defendant’s argument ...

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Manufacturer Knew About Boycott in Antitrust Claim (access required)

A company that developed and licensed its Active Injury Mitigation Technolo­gy (AIMT) for table saws cannot assert fraudulent concealment to avoid the four-year statute of limitations on its antitrust claims against defendant manufacturers, who allegedly colluded in deciding not to ...

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