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Tag Archives: U.S. District Court – Eastern District

Doctor not deliberately indifferent to detainee (access required)

Although a doctor didn’t prescribe opioids to treat a detainee’s chronic kidney stones and pain, the doctor was nevertheless granted summary judgment on the detainee’s deliberate indifference claim. The record showed the doctor was responsive to the detainee’s needs and ...

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Court won’t reconsider trade secret judgment (access required)

Where the court previously ruled that the employment agreement between an assistant professor and Eastern Virginia Medical School, or EVMS, precluded the professor from asserting a claim for misappropriation of the trade secret against EVMS, the professor’s motion for reconsideration ...

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Company defeats interference claim (access required)

Where a former employee asserted a claim for interference under the Rehabilitation Act, but she failed to plead facts showing any discriminatory intent by her employer, her claim was dismissed. Background Michele Pitts-Brown’s second amended complaint, or SAC, against her ...

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Jury to decide liability in detainee’s death (access required)

Where correctional officers moved for summary judgment against claims of gross negligence, willful and wanton negligence and deliberate indifference filed by the family of a detainee who experienced chest pains that ultimately resulted in his death, but there were inconsistences ...

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Doctor may testify as expert in wrongful death suit (access required)

Where a doctor had maintained an active clinical presence in the defendant’s specialty, and had performed the contested procedure in the past, he satisfied the active clinical practice requirement to be qualified as an expert witness in Virginia. Background This ...

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Trademark infringer still liable years later (access required)

Even though a cybersecurity company stopped selling goods online using an unregistered mark years before a competitor registered a similar mark, its continued use of the mark online subjected it to liability for trademark infringement. Judge Claude M. Hilton of ...

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No treble damages under Overtime Wage Act (access required)

A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available ...

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