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Author Archives: Virginia Lawyers Weekly

Ex-employee fails to state claims against former employer and others (access required)

An 11-count discrimination suit brought by a former substance abuse counselor was dismissed because one defendant could not be sued and another was immune; the court did not have jurisdiction over some counts and others ran the statute of limitations, ...

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Firearm charge dismissed, based on new high court decision (access required)

The court found one count of defendants’ firearm convictions must be vacated following a U.S. Supreme Court ruling in Dimaya because there was no requisite “crime of violence” to support a guilty verdict. The defendants however, lost their bid for ...

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Change of venue for copyright suit against ISPs denied (access required)

In weighing the factors supporting transfer of venue to the Northern District of Georgia, the court denied a request by internet service providers finding copyright infringement occurred in the Eastern District of Virginia, the ISPs had not demonstrated how witnesses ...

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Substitute trustee can be sued for breach of fiduciary duty (access required)

Because the Eastern District of Virginia has previously recognized a cause of action for breach of fiduciary duty against a substitute trustee, the defendant was not fraudulently joined in the lawsuit. In addition, the defendant could not establish subject matter ...

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Stolen domain names ordered returned to plaintiff (access required)

The defendant, who defaulted, unlawfully hacked and gained unauthorized access to plaintiff’s GoDaddy.com account in order to transfer the domain names to himself and profit from the marks. The court adopted the magistrate judge’s report entering judgment for the plaintiff ...

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Company can pursue ex-employee for retained property, trade secrets (access required)

Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

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