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Tag Archives: Judge T.S. Ellis III

Bon Mots: June 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: Special Counsel authorized to prosecute Manafort (access required)

Special Counsel Robert S. Mueller’s jurisdiction, as set forth in his Appointment Order and in a subsequent memorandum from the Acting Attorney General, encompasses prosecution of Donald Trump’s former campaign manager for bank fraud and tax charges that involve connections ...

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EDVA: Indemnification clause for third parties invalid (access required)

An insurer could not enforce an indemnification clause in its insured’s architectural contract because provisions requiring contractors to indemnify other parties for negligence are void in their entirety under Code § 11-4.1. Background Defendant Lessard Design Inc. provides architectural services, including ...

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EDVA: No servicemark in anti-cybersquatting case (access required)

A foreign company could not establish common-law trademark rights in the United States for the domain “klumba.com” because no American citizens used the company’s service. Hosting Google AdSense on the company’s Ukrainian site also didn’t put its mark in U.S. ...

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EDVA: Non-compete enforceable, despite blue-pencil terms (access required)

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

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EDVA: No tortious interference without contractual expectancy (access required)

In protracted trade-secrets litigation, claims by successor organizations to a government subcontractor failed to demonstrate a valid contractual expectancy that could support their claims of tortious interference with a business expectancy. Background Plaintiffs L-3 Communications Corp. and L-3 Applied Technologies ...

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EDVA: Accused student alleges viable gender-discrimination claim (access required)

A former Marymount University student, who the University found guilty of sexually assaulting another student, stated a valid “erroneous-outcome” claim against the University for its adjudication of the accusation, which he said was marred by procedural defects designed to discriminate ...

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EDVA: Houses were seizable assets traceable to crimes (access required)

In a prosecution for mail and wire fraud, money-laundering conspiracy, and identity theft, the government properly seized the defendant’s two homes, having probable cause to believe those assets will ultimately be proved at trial to be forfeitable as tainted by ...

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EDVA: Separation was due to absences, not disability (access required)

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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