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Tag Archives: Judge Robert E. Payne

EDVA: Dish Network’s credit inquiry could be FCRA violation (access required)

A plaintiff who said he contacted Dish merely to comparison shop for TV plans sufficiently alleged a consumer-protection claim against the company, arising from an inquiry that appeared on his credit report that the company failed to have removed. Background ...

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School attorneys raise concerns about lay advocates (access required)

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Two Virginia federal judges are wrestling with the status of unlicensed advocates in special education cases, an issue that has raised concerns for school representatives and the Virginia State Bar. One judge declared that a lay advocate is not entitled ...

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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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EDVA: Court won’t seal trial records containing proprietary info (access required)

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

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EDVA: Misappropriation damages present jury issues (access required)

A company seeking damages for misappropriation of trade secrets will be able to offer, through its expert, alternative methods among which the jury can choose to calculate an award. Damage calculations Cross-plaintiff JELD-WEN seeks damages only for Cross-defendant Steves & ...

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Truck driver badly hurt after tire failed – $37,835,259.23 Verdict (access required)

Robert Benedict, the plaintiff, had been employed as a commercial truck driver for a company named Essex Concrete. On Nov. 14, 2014, plaintiff departed on his route for the day, which involved driving a fully loaded cement mixer to a ...

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EDVA: Despite damning email, no spoliation sanctions (access required)

Although the defendant recovered an email advising the plaintiff to destroy relevant evidence, it was not apparent that the plaintiff followed that advice, and the defendant was able to recover most or all electronically-stored information at issue. Background Plaintiff Steves ...

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