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SCV: FOIA enforcement affidavit satisfied statute (access required)

An affidavit alleging open-meeting violations by a county board of supervisors was sufficient to support a FOIA petition when the affiant swore to her belief in matters presented on information, the Virginia Supreme Court held. Background Appellant Marian Bragg alleges ...

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WDVA: Autistic plaintiff must testify in real-time (access required)

A plaintiff suing the Virginia Department of Corrections cannot offer a pre-taped deposition as testimony, despite his residence and Florida and difficulty staying on topic due to autism. He will be permitted to testify remotely by live video. Background Plaintiff ...

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WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

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WDVA: Alleged trespass not a taking under FRCP 71.1 (access required)

A pipeline construction company had no legal right to use an access road on the defendants’ property, and therefore the company did not “possess” the land so as to require just compensation to the owner. Background This matter is before ...

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EDVA: Dog-gene mutation was “natural,” not patentable (access required)

A Swiss researcher who discovered the genetic mutation that causes Nasal Parakeratosis in Labrador Retrievers could not enforce a patent on it, because the discovery was a naturally-occurring phenomenon. Background This action concerns U.S. Patent No. 9,157,114 for an in ...

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EDVA: Non-compete enforceable, despite blue-pencil terms (access required)

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

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EDVA: Title IX prohibits transgender discrimination (access required)

Gavin Grimm, who attended a Virginia public high school and was prohibited from using the boys’ bathroom because he was identified as female at birth, sufficiently alleged discrimination claims against the school under both Title IX and the Equal Protection ...

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4th Cir.: Flight to Thailand didn’t show “responsibility” (access required)

The district court did not err in declining to reduce the defendant’s sentence on grounds that he accepted responsibility for his offenses, since he fled the country before his initial sentencing hearing. However, the defendant should have been granted leave ...

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