Virginia Lawyers Weekly VA Lawyers Weekly

Where the painter Bob Ross had orally transferred his intellectual property rights to a company he had co-founded with his wife and friends before he executed a trust that assigned all of his intellectual property interests to his son and ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

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 ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

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 ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Judge Elizabeth K. Dillon Securities U.S. District Court - Western District

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 ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

A dispute over whether a South Carolina-based competitor of a Virginia mattress company violated the Lanham Act and Virginia law will remain in Virginia as the defendant was subject to personal jurisdiction, venue was appropriate here and a balancing of ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

A Maryland casino’s objection to a Virginia debtor’s repayment plan because of a “marker” he owed the casino was sustained, despite a Virginia code prohibition making gaming contracts void, because Virginia’s public policy against enforcing gambling debts is no longer ...

Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court

The circuit court correctly refused to characterize plaintiff as a subsurety who could seek contribution from other cosureties for payment of a loan. Background Elliot leased property from Waller Callison to operate a car dealership, Elliot Chevrolet. Under the five-year ...

Tagged with: Contract Justice S. Bernard Goodwyn Supreme Court of Virginia