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Opinion Digests

Tort claims against insurer dismissed because relationship governed by contract (access required)

An insured sued its insurer for conversion, breach of the covenant of good faith and fair dealing, fraud, and intentional misrepresentation, all arising out of the insurer’s refusal to pay the claim under the policy. Because each particular tortious breach ...

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Deputy sheriff gets qualified immunity in shooting of dog (access required)

Where an Augusta County deputy sheriff shot a woman’s dog, asserting a claim of self-defense, the deputy’s acts were reasonable and is entitled to qualified immunity. Background Defendant Michael Roane is an Augusta County deputy sheriff. Roane shot and killed ...

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Non-arbitrable claims stayed pending arbitration (access required)

The parties’ dispute involves alleged unpaid invoices. The court previously granted defendants’ motion to compel arbitration on one count of a multi-count complaint. The defendant then moved to refer the case to arbitration or to stay the remaining claims. The ...

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Case lacking complete diversity remanded to state court (access required)

Because a homeowner and a mortgage company in a breach of fiduciary duty action are both citizens of Virginia, the federal court found no complete diversity between the parties and remanded the case to state court. Background Plaintiff alleges that ...

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Volvo granted injunctive relief in trademark action (access required)

As Volvo was likely to succeed on its claims that unknown defendants were knowingly marketing and selling counterfeit goods, the court ordered defendants’ assets frozen. Background Plaintiffs allege that defendants “are knowingly and intentionally promoting, advertising, marketing, retailing, offering for ...

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Default judgment entered against employer for unpaid pension contributions (access required)

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit was ordered to repay the funds with interest and pick up attorney and auditing fees. Background This action is brought under Sections 502 and 515 ...

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Plaintiff awarded unpaid overtime under FSLA (access required)

After a home health care worker established that her employer failed to compensate her for overtime, the Eastern District of Virginia court found her entitled to unpaid overtime, liquidated damages and attorney’s fees under FLSA. Background Plaintiff sued Kare Management ...

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Ex parte TRO granted in trademark suit (access required)

Juul Labs convinced the court it was likely to prevail on trademark claims against unknown defendants selling allegedly counterfeit products on eBay, and that defendants’ Pay Pal accounts should be frozen. Background Plaintiff alleges that Defendants “are knowingly and intentionally ...

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Plaintiff awarded over $10.9 million in damages (access required)

Defendants entered into various agreements with Greensill Capital, a financial institution, whereby Greensill agreed to pay certain invoices incurred by defendants in the operation of their business, with the understanding that defendants would repay Greensill in accordance with the terms ...

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Plaintiffs lack standing in suit arising out of trespass conviction at school (access required)

Plaintiffs were convicted of trespass in state court after they refused to leave the school premises. They then filed this complaint. The court held they lacked standing over several claims, should abstain from deciding others, and would decline the state ...

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