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Opinion Digests

Discovery on membership, mission of hospital committees OK  (access required)

Where a plaintiff suing several defendants after a shooting at the Lynchburg General Hospital’s Psychiatric Emergency Center requested documents on the firearms and training policies created by the group that designed the center, and the defendants argued that data was ...

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Prior police shootings not connected to present shooting (access required)

Where a plaintiff suing over the shooting death of a fleeing suspect relied on two 2014 shootings involving sheriff’s deputies, those incidents did not present “[a] pattern of similar constitutional violations” showing deliberate indifference or a conscious choice regarding training. ...

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Prevailing employer awarded more than $4,800 in costs  (access required)

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

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Experts may testify about lost earnings at damages trial (access required)

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

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No confusion in marketplace over CPFA designation (access required)

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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Prior convictions of similar conduct are admissible (access required)

Prior convictions for fraud, embezzlement and misdemeanor use of identifying information were admissible in the trial of a woman charged with wire and bank fraud and the preparation of false tax returns because both involve her untruthfulness for personal gain. ...

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Class counsel can recover fees up to $24.5 million (access required)

Although the fees for class counsel asserting claims of fraudulent inducement by omission against Genworth Life Insurance total approximately $3 million, counsel will receive a minimum of $2 million, and could receive up to $24.5 million, depending on the relief ...

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Lack of customer confusion dooms claims (access required)

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

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