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Opinion Digests

EDVA: No servicemark in anti-cybersquatting case (access required)

A foreign company could not establish common-law trademark rights in the United States for the domain “klumba.com” because no American citizens used the company’s service. Hosting Google AdSense on the company’s Ukrainian site also didn’t put its mark in U.S. ...

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EDVA: Officers face trial over eviction confusion (access required)

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

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CAV: Terry stop resistance supported probable cause (access required)

The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he ...

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CAV: Replacement WCC panel member was proper (access required)

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

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SCV: Shareholder suits need not make “futile” demands (access required)

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

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SCV: No error in rejected district “compactness” analysis (access required)

The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

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SCV: Bifurcated, same-day conviction was felony predicate (access required)

A bifurcated misdemeanor conviction for domestic violence properly served as a predicate for a felony offense tried later the same day, even though no written order or sentence had yet been rendered for the first adjudication. Background Appellant Antonio Lewis ...

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WDVA: Forest Service wins easement enforcement action (access required)

Property owners must remove a gate impeding reasonable use of an easement on their property by the U.S. Forest Service, providing regulated recreational access to public lands. They erected the gate to mitigate illegal behavior resulting from public access. Background ...

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EDVA: Medical personnel face trial for inmate death (access required)

A man who was pronounced dead after a seizure he suffered while awaiting trial at the Richmond City Justice Center has, through his estate, presented sufficient evidence of medical staff’s deliberate indifference to his serious medical needs, as well as ...

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