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Opinion Digests

Cox can’t avoid $1 billion verdict, but can attempt to reduce award (access required)

In a copyright infringement suit brought by members of the music industry against Cox Communications, the jury’s award of $99,830 for each of the infringing works was supported by the evidence and was not unconstitutional. However, Cox will have an ...

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Washington Post succeeds in transferring Nunes’ libel suit to DC (access required)

Despite efforts by U.S. Rep. Devin Nunes to keep his defamation and conspiracy suit against The Washington Post in the Eastern District of Virginia, the suit was transferred to the District of Columbia federal court. The article at issue was ...

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Church denied injunction pending appeal of COVID-19 restrictions (access required)

A church claiming the Virginia governor’s COVID-19 restrictions violate its freedom of religion was denied an injunction pending appeal because it failed to show it was likely to prevail on the merits. And as there is a related judicial proceeding ...

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Seller of fake Lamborghini products must pay $6 million judgment (access required)

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

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Resolving duty to indemnify claim would interfere with underlying suit (access required)

Where liability has not yet been determined in the underlying wrongful death suit stemming from a fatal car accident, an insurer’s declaratory judgment action seeking a determination on the duty to indemnify was dismissed because of Article III concerns. However, ...

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Consultant’s report not entitled to work product protection (access required)

Where a security consultant had a preexisting relationship with Capital One and its report was pursuant to a prior statement of work and master services agreement, its retention by outside legal counsel after a security intrusion did not provide work ...

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Deed of trust did not incorporate federal regs (access required)

Claims by homeowners that defendants did not follow federal regulations during foreclosure proceedings failed because the deed of trust did not make clear that the parties intended to incorporate the regulations. Background Plaintiffs allege entering into a mortgage loan contract ...

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