Even though a cybersecurity company stopped selling goods online using an unregistered mark years before a competitor registered a similar mark, its continued use of the mark online subjected it to liability for trademark infringement. Judge Claude M. Hilton of ...Read More »
A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available ...Read More »
An employer’s attempt to establish a black-letter requirement that workers’ compensation claimants must provide notice of their need for transportation to a medical appointment as a condition of recovery has backfired. The employer argued that the Workers Compensation Commission erred ...
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A plaintiff who said a required physical fitness test was a discriminatory condition of her government employment and that she was injured by a loss of income when she resigned after failing it can pursue claims under the Age Discrimination ...
Tagged with: 4th U.S. Circuit Court of AppealsRead More »
A business owner’s claims that her son conspired with former employees to coordinate a mass resignation and open a competing body-piercing business have survived dismissal. The defendants argued that they were at-will employees protected by the “intra-corporate conspiracy doctrine.” But ...Read More »
A former student athlete’s Title IX retaliation and intentional infliction of emotional distress claims against the College of William & Mary can go forward, a U.S. District Court judge has ruled. The plaintiff alleged that her basketball coach surveilled her ...
Tagged with: Judge Raymond A. JacksonRead More »
The Supreme Court of Virginia has reversed a trial court’s decision closing a pretrial bail hearing to the public and sealing records in the case of a Newport News police officer indicted for murder. The plaintiff newspaper publishers claimed the ...Read More »
A medical malpractice claim that a plaintiff failed to disclose when she filed for bankruptcy has been dismissed for lack of standing. The defendants discovered the bankruptcy filing on the eve of trial and filed a motion to dismiss the ...Read More »
The definition of “employer” applicable to actions under Code § 40.1-29(J) for unpaid wages is narrower than the definition in the Virginia Minimum Wage Act, or VMWA, and the Fair Labor Standards Act, the Supreme Court of Virginia has held. ...Read More »