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Author Archives: Nick Hurston

Trademark infringer still liable years later (access required)

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 ...

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No treble damages under Overtime Wage Act (access required)

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 ...

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Rideshare recovery: Notice of costs unnecessary for workers’ comp reimbursement (access required)

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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Claims proceed in poached piercing clients case (access required)

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 ...

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Student athlete can sue university for retaliation (access required)

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 ...

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Attorneys’ fees severable from arbitration agreement (access required)

A clause in an arbitration agreement awarding attorneys’ fees to the prevailing party can be severed, because the Virginia Values Act only entitles a plaintiff to an award of attorneys’ fees, the Western District of Virginia has ruled. As a ...

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