Where the plaintiff moved to exclude evidence that the defendant has patents on the accused product, its motion in limine was denied. Although holding patents on the accused product is not a defense to infringement, as the jury will be ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where a breeder of animals used for pharmaceutical research decided to close its facility after it was ordered to comply with the Animal Welfare Act, or AWA, it may transfer animals out of the facility to fulfill existing contracts. Transfers ...

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

A teenage girl’s claim that the City of Lynchburg was liable for injuries caused by the excessive force of its police officers has survived dismissal. The plaintiff alleged a theory of “municipal ratification” pursuant to 42 U.S.C. § 1983. The ...

Tagged with: Excessive Force Judge Norman K. Moon U.S. District Court - Western District

Where the father of a 14-year-old alleged that her face was smashed into the floor by Lynchburg police officers working off-duty at a mall, her suit was narrowed because the facts did not support claims for intentional infliction of emotional ...

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

Where parents of five students who attended schools in Virginia districts argued that by requiring remote education during the early stages of the pandemic, the schools failed to provide students a free appropriate public education or FAPE, as is required ...

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

Where the government showed a breeder of dogs for scientific research was mistreating the dogs, including allowing staff to euthanize dogs without anesthesia, the court entered an ex parte restraining order requiring the breeder to comply with the Animal Welfare ...

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

A federal court has rejected a public housing authority’s argument that an unsigned contract for security services was void due to the statute of frauds and the Virginia Public Procurement Act, or VPPA. Because there was no dispute about the ...

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

A federal criminal statute that prohibits the unlawful use of identification information may be applied to a defendant accused of tampering with a witness. Judge Norman K. Moon of the Western District of Virginia denied the defendant’s motion to dismiss, ...

Tagged with: Judge Norman K. Moon U.S. District Court - Western District Witness tampering

Where a company alleged that Culpepper County wrongfully denied its application to build a new telecommunications tower, a competitor’s motion to intervene was denied because it failed to show a direct interest in the property or that its interests were ...

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

Where students at Liberty University sought a refund for fees and room and board for the spring 2020 semester, when Liberty closed the campus because of the COVID-19 pandemic, their breach of contract and unjust enrichment claims survived Liberty’s motion ...

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