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4th Circuit Court of Appeals: MDL “bellwether” trial was fair (access required)

A medical-implant manufacturer, the defendant at a consolidated trial arising from a much larger multidistrict litigation, did not demonstrate either that consolidation was unfair or that the trial court otherwise committed reversible error, the court of appeals held. Appellant Boston ...

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Eastern District of Va.: No immunity for sexual-assault accuser (access required)

In a defamation suit, Defendant Jane Roe was not entitled to immunity for her statements in university proceedings accusing Plaintiff John Doe of sexual assault, though the court advised that the issue could be revisited at a later stage. The ...

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Western District of Va.: Eminent domain possession requires proper valuation (access required)

The court held that Mountain Valley Pipeline had the right to condemn affected easements, but could not possess them before determining fair value. On October 13, 2017, the Federal Energy Regulatory Commission issued a Certificate Order authorizing Plaintiff Mountain Valley ...

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Supreme Court of Va.: Sanctions order after 21-day period void (access required)

The high court voided a sanctions order entered more than 21 days after the circuit court’s final order granting the defendant’s demurrer and dismissing the complaint. Appellant Timothy M. Barrett filed a complaint against Appellee Valerie Jill Rhudy Minor challenging ...

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Va. Circuit Courts: Assisted-conception law unconstitutional (access required)

Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie ...

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Negligence can’t sustain contributory infringement (access required)

Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial due to a jury instruction that erroneously suggested contributory liability could be based on ...

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Va. Beach student merits private placement, fees (access required)

The court upheld an administrative decision finding that Virginia Beach city schools had failed to provide appropriate education to a special-needs child for multiple years and, accordingly, her family was entitled to reimbursement for private placement as well as attorney ...

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NASA contractor’s trade-secrets suit proceeds (access required)

The court denied Defendant Orbital ATK Inc.’s motion to dismiss several claims related to trade secrets and computer crimes, arising from its employee accessing Plaintiff Space Systems/Loral LLC’s proprietary information on a NASA server used by both companies. Space Systems ...

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