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

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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Man fell on converted ramp at hardware store – $280,000 Settlement (access required)

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 ...

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EDVA: Medical personnel face trial for inmate death (access required)

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 ...

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Alston nominated for federal seat of Judge Lee (access required)

Seal of the US District Court Eastern Dist VA Norfolk

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 ...

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EDVA: Child porn prosecution too reliant on propensity (access required)

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 ...

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EDVA: Dog-gene mutation was “natural,” not patentable (access required)

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 ...

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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: Title IX prohibits transgender discrimination (access required)

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 ...

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EDVA: Fees awarded in Va. Beach neighborhood suit (access required)

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 ...

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