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Tag Archives: U.S. District Court – Eastern District

Foreclosure Fight Remanded to State Court (access required)

A plaintiff who appealed an unlawful detainer decision against him in state court and then filed his own quiet title action can defeat defendant mortgage association’s federal court removal of plaintiff’s quiet title action under the “prior exclusive jurisdiction doctrine,” ...

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Spoliation Dismissal for ‘Wiping’ Computer (access required)

A computer expert suing for discrimination who ignored his lawyer’s notice to maintain files and documents and instead ran programs called Evidence Eliminator and CCleaner to delete records, then “wiped” his work desktop, “took a sledgehammer to it” and dumped ...

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Large Firm Can’t Collect for Overhead (access required)

A Richmond U.S. District Court says defendant “spice” company intentionally violated plaintiff tobacco company’s trademarks for plaintiff’s cigarette brand “NEWPORT” with its similarly packaged product called “NEWPROT,” and the court awards defendant 80 percent of the fees and costs it ...

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Federal Complaint Dismissed for State Court Refiling (access required)

A plaintiff who filed state and federal consumer protection claims in state court cannot defeat removal to federal court by claiming defendant waived removal or removal was untimely; the Alexandria U.S. District Court will allow plaintiff to voluntarily dismiss his ...

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