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Opinion Digests

Water company’s general rate increase approved (access required)

Sufficient evidence supported the State Corporation Commission’s determination that a requested pilot infrastructure surcharge was just and reasonable. Background In 2015, the Virginia-American Water Company applied to the State Corporation Commission for a general increase in water rates, claiming increased ...

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Damages-as-revenue case merits minimum damages (access required)

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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Policy covers damage from concrete “smoke” (access required)

Under Virginia law, “smoke” composed of suspended particulate matter caused by concrete dust qualified for an exception to the “pollution exclusion” in the insured company’s policy. Background In this insurance coverage dispute, Plaintiff Allied Property & Casualty Insurance Co. and ...

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Single action improper against online counterfeit defendants (access required)

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

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Plaintiff’s “unclean hands” irrelevant to antitrust relief (access required)

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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After state nonsuit, plaintiff states federal wage claim (access required)

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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