Where Choice Hotels demonstrated its former franchisee continued to use the hotel trademarks after the franchise arrangement ended, thus violating the Lanham Act, the hotel chain was awarded attorneys’ fees and a permanent injunction preventing defendants from using the marks. ...

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

Where the government began recoupment proceedings in 2008 against a debtor  discharged from the Air Force because she was lesbian in order to recover funds expended on her behalf under the ROTC program, her 2017 challenge to recoupment proceedings was ...

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

Where four male students were suspended or expelled from Virginia Tech after they were accused of sexual misconduct, they could not sue the school for due process violations because they did not have a protected liberty or property interest in ...

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

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

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

Where a water waste treatment plant employee was terminated after falsifying official documents by back-dating them, he could not sue for discrimination because he could not demonstrate that the reasons for his termination were pretextual. Background In 2006, Henry Sliwinski, ...

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

Where two Virginia counties separately sued a group of opioid manufacturers and distributors for their role in causing the opioid crisis, their motions to remand the actions back to state court were stayed pending a decision on whether the cases ...

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

In a compensation case involving the taking of property for construction of a natural gas pipeline, certain testimony about the value of adjoining land tracts and the value of timber was excluded as it would not be heard by a ...

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

Where a defendant’s motion for continuance of trial had already been denied, defense counsel’s pattern of delay raises Sixth Amendment effective assistance concerns and the defendant’s motion for reconsideration and continuance was granted in order to give him sufficient time ...

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

Where a commonwealth’s attorney disclosed the fact that a psychiatric patient had psychological issues and had not taken his medication on the day he was shot by a hospital security guard, the patient’s guardian was unable to state a claim ...

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

Where two tree-sitters occupying certain parcels of land possession which had been granted to a company to construct its planned pipeline route, the company was not allowed  to join them in condemnation action because defendants did not have an actual ...

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