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Tag Archives: Judge John A. Gibney Jr.

Lanham Act claim based on change of competitor’s phone number (access required)

While the court dismissed some claims brought by an addiction recovery business that the defendant attempted to steal clients, it found allegations that the defendant changed the recovery business’s phone number on the Internet in order to redirect customers, were ...

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Suit: Rehab group hijacked competitor’s phone listing (access required)

Phone-Call-Right-FEA

A Virginia addiction recovery business can proceed with its federal court claims that a competitor used an underhanded Google tactic to steal potential customers, a judge has ruled. The Richmond-based plaintiff – doing business as Broad Highway Recovery – is ...

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Foreign bidder subject to personal jurisdiction (access required)

An Asia-based retailer that sufficiently participated in the bidding process for the liquidated assets of Toys “R” Us subjected itself to personal jurisdiction in the United States. Background In September 2017, Toys “R” Us declared bankruptcy. Since then, the bankruptcy ...

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EDVA: FDCPA claim viable against lender, servicer (access required)

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

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EDVA: Hate-crime law unconstitutional as applied to Amazon worker (access required)

An Amazon warehouse employee who beat up a coworker based on the victim’s sexual orientation couldn’t be convicted of a federal hate crime, though the jury delivered a guilty verdict. The act didn’t affect interstate commerce and, thus, was outside ...

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Bon Mots: July 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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Judge allows malicious prosecution claims to advance (access required)

Judge and Attorneys FEA

A Richmond federal judge has allowed malicious prosecution claims against a Virginia commonwealth’s attorney and a state detective to go forward. The decision this month keeps alive the complaint filed by a one-time candidate for Greensville County sheriff who contends ...

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