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Tag Archives: Judge T.S. Ellis III

Declaratory judgment dismissed where breach already occurred (access required)

A declaratory judgment action over whether a former employee was owed commissions was dismissed because the dispute had already ripened into a claim for breach of contract after the company terminated him and refused to pay him  commissions. As such, ...

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In rem action against domain name may proceed (access required)

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

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Hostile environment based on comments about anatomy (access required)

Allegations that co-workers stared at the plaintiff’s breasts frequently over a multi­year period, in addition to making comments about her breasts and suggesting she was a “lezzie,” could lead a reasonable jury to find that plaintiff was subjected to severe ...

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Seller of fake Lamborghini products must pay $6 million judgment (access required)

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

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Libel defendant enjoined from repeating defamatory statements (access required)

Although the Virginia Supreme Court and Fourth Circuit have never addressed whether a prevailing defamation plaintiff may obtain an injunction prohibiting a defendant from repeating defamatory speech, a man found to have made false and defamatory statements about the plaintiffs’ ...

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Defendants did not obstruct justice in prior lawsuits (access required)

The plaintiffs could not claim the defendants conspired to obstruct justice by denying them access to the courts in violation of the First and 14th Amendments because the record shows that the plaintiffs previously filed two lawsuits—a bias suit against ...

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Maine business may sue without certificate of authority (access required)

A Virginia statute requiring a foreign corporation that is “transacting business” in Virginia to obtain a “certificate of authority” did not apply to a Maine-based recruiting firm that brought suit over unpaid commissions. The firm’s communications into the state about ...

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