A federal lawsuit claiming a disabled man was seriously injured when he fell on a steep ramp at a hardware store in Nottoway County was settled May 29 for $280,000. In addition to the money, the settlement also dictated that ...

Tagged with: ADA Negligence Settlement U.S. District Court - Eastern District

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. ...

Tagged with: Business Law Consumer Protection Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Plaintiff was awarded total disability from the Railroad Retirement Board in 1998 for degenerative spine disease weakness, pain of his right shoulder and gout. Plaintiff entered the defendants’ hardware store from a public entrance and slipped and fell on a ...

Tagged with: Judge David J. Novak Negligence Settlement U.S. District Court - Eastern District

A man who was pronounced dead after a seizure he suffered while awaiting trial at the Richmond City Justice Center has, through his estate, presented sufficient evidence of medical staff’s deliberate indifference to his serious medical needs, as well as ...

Tagged with: Constitutional Judge M. Hannah Lauck Prisons & Jails U.S. District Court - Eastern District

Virginia Court of Appeals Judge Rossie D. Alston Jr. soon will be nominated officially by President Trump to succeed U.S. District Judge Gerald Bruce Lee on the Eastern District federal bench. Trump announced June 7 his intent to nominate a ...

Tagged with: Judge Rossie D. Alston Jr. President Donald Trump U.S. District Court - Eastern District Virginia Court of Appeals

The government effectively relied entirely on propensity evidence to support charges of receipt and distribution of child pornography, without reasonably connecting such evidence to actual photos and videos found on the defendant’s computer. A judgment of acquittal, or alternatively a ...

Tagged with: Criminal Evidence Judge Anthony J. Trenga U.S. District Court - Eastern District

A Swiss researcher who discovered the genetic mutation that causes Nasal Parakeratosis in Labrador Retrievers could not enforce a patent on it, because the discovery was a naturally-occurring phenomenon. Background This action concerns U.S. Patent No. 9,157,114 for an in ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Business Law Contract Employment Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District

Gavin Grimm, who attended a Virginia public high school and was prohibited from using the boys’ bathroom because he was identified as female at birth, sufficiently alleged discrimination claims against the school under both Title IX and the Equal Protection ...

Tagged with: Civil Rights Constitutional Education Equal Protection Judge Arenda L. Wright Allen Municipal U.S. District Court - Eastern District

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel ...

Tagged with: Attorneys Fees Civil Practice Constitutional Due Process Judge Robert G. Doumar Municipal Real Estate Real Property U.S. District Court - Eastern District