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Opinion Digests

Pretrial production of business records was unnecessary (access required)

A defendant charged with conspiracy to defraud numerous individuals by pitching investment opportunities in various business entities was unable to subpoena documents from two business entities because he failed to demonstrate that the requested documents would be admissible, could not ...

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Homeowners can’t demand production of original note (access required)

Homeowners cannot demand that the defendants produce the original note for inspection because such a demand is contrary to Virginia’s non-judicial foreclosure laws. In addition, the homeowners lack standing to contest the assignments of the deed, the appointment of substitute ...

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E-cigarette maker beats counterfeiters (access required)

A leading electronic cigarette manufacturer’s battle against counterfeiters has resulted in a default judgment awarding the manufacturer statutory damages and injunctive relief against the overseas counterfeiters. Background Plaintiff filed its complaint on Aug. 24, 2018, against unincorporated associations that are ...

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Probate exception no bar to court’s jurisdiction (access required)

A wife alleging her now deceased and often-estranged husband fraudulently transferred marital assets to a trust can pursue her claims in federal court. Because the federal court complaint was filed before the probate court obtained jurisdiction over the property, the ...

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Claims accrued when plaintiffs signed incorrect annuity contract (access required)

Where plaintiffs intended to enter into an annuity contract that would provide benefits to both spouses but instead, relying on the investment advice of a registered securities representative for the defendant, entered into a single annuity contract that did not ...

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Adjoining property owners both liable for environmental response costs (access required)

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

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Lack of pervasive harassment dooms hostile work claim (access required)

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

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