Virginia Lawyers Weekly VA Lawyers Weekly

A South Dakota inventor who submitted an application for a patent for a “Flared Windshield for a Motorcycle” loses on summary judgment his lawsuit charging the U.S. Patent and Trademark Office with “arbitrary and capricious” denial of his patent application; ...

Tagged with: Administrative Judge Gerald Bruce Lee U.S. District Court - Eastern District

Although plaintiff served as a store “manager” in defendant Dollar General Store’s retail operation, there are genuine issues of material fact over her duties as a manager, and whether employer can qualify for the “executive exemption” from the requirement for ...

Tagged with: Judge James P. Jones Labor U.S. District Court - Western District

In this litigation over two patents for pain-killers that are engineered to combat abuse of opioid pain prescription medicines, an Abingdon U.S. District Court issues its opinion construing certain claims after a Markman proceeding. The patents at the center of ...

Tagged with: Intellectual Property Judge James P. Jones U.S. District Court - Western District

An Alexandria U.S. District Court enters a $26 million jury award for a Florida-based designer and distributor of underground mining tires. Plaintiff Jordan Fishman and his three companies sued defendant corporations based in the United Arab Emirates and owned by ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

In this follow-up to the 4th Circuit decision that vacated a $10 million punitive damage award but upheld a $5 million jury award in compensatory damages for a plaintiff minority subcontractor against a defense contractor operating in Iraq, for violations ...

Tagged with: Contract Judge Gerald Bruce Lee U.S. District Court - Eastern District

A Norfolk U.S. District Court says insurance carrier AIG did not unreasonably deny accidental death and dismemberment benefits to an insured whose leg was severely injured in an auto accident, but whose medical evidence did not demonstrate uniplegia under the ...

Tagged with: Employment Judge Tommy E. Miller U.S. District Court - Eastern District

In this litigation involving trade secrets and conspiracy allegations, an Alexandria U.S. District Court says the “common interest” rule does not protect an e-mail exchange that was not a communication to or from an attorney, and the communication about the ...

Tagged with: Civil Procedure Judge T.S. Ellis III U.S. District Court - Eastern District

After a bench trial of a broker’s third-party complaint for indemnity and contribution against defendant Daily Express Inc., whose drivers transported two tube bundles from Pennsylvania to Maryland for plaintiff Dominion Resource Services Inc., who won damages from broker 5K ...

Tagged with: Contract Judge James R. Spencer U.S. District Court - Eastern District

Applying a 1905 Virginia case, an Alexandria U.S. District Court refuses to enforce a restrictive covenant as part of a Purchase Sale Agreement that prohibited a service station owner from selling certain non-BP branded products or offering certain automotive services. ...

Tagged with: Contract Judge Leonie Brinkema U.S. District Court - Eastern District

Hiring Hispanic housekeepers for seven of eight jobs at a Best Western hotel that was undergoing a $5 million makeover by new ownership did not violate Title VII, an Alexandria U.S. District Court says as it dismisses the EEOC’s complaint. ...

Tagged with: Employment Judge Claude M. Hilton U.S. District Court - Eastern District