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Tag Archives: Judge Elizabeth K. Dillon

Notice Sufficient, “Applicable Law” Does Not Incorporate Future Law (access required)

Plaintiff asserts three defendants failed to comply with the terms of the note and deed of trust on her home and seeks to rescind the sale of her property to a fourth defendant, all four of whom were involved in ...

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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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Inadequate Responses Prompt Discovery Sanctions (access required)

In responding to discovery requests, a party cannot simply assert that a “document speaks for itself as the best evidence of its contents,” and the Harrisonburg U.S. District Court deems “admitted” certain requests for admission and will award reasonable attorney’s ...

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Consent Cannot Support Removal Action (access required)

Defendants’ assertion that, despite no proper diversity or federal question jurisdiction, their counterclaim against plaintiff provides a basis for federal court jurisdiction does not persuade the Roanoke U.S. District Court, and the case is remanded to Virginia state court. Defendants ...

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Suit OK, retailer ‘notice’ a question for jury (access required)

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A woman hurt when an electrical junction box cover fell from the roof of a Wal-Mart store in Staunton can press forward with her negligence suit against the retailer, a federal judge in Harrisonburg has ruled. The accident allegedly resulted ...

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