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

EDVA: Residential trash supported home search (access required)

Items recovered from a trash can associated with the defendant’s home — including plastic bags containing cocaine residue and Google directions listing his home as the starting address — sufficiently supported probable cause for a warrant to search his residence. ...

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EDVA: Targeted-ad methods too abstract for patents (access required)

Three patents for “high-tech snooping” processes used for online marketing were not enforceable. The internet context didn’t establish sufficient inventiveness over conventional, abstract concepts. Background This case involves technology that helps businesses pry into peoples’ personal preferences and privacy. Advertisers ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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EDVA: Affirmative defense not provable without expert testimony (access required)

Plaintiff Robert Benedict sues Hankook Tire Company for the production and distribution of an allegedly defective tire. Benedict seeks summary judgment as to the Defendants’ affirmative defense of contributory negligence. Expert opinions lacking The standard of care applicable in this case is ...

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EDVA: Solitary confinement was cruel and unusual (access required)

The Department of Corrections was enjoined from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted of capital ...

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EDVA: Abu Ghraib abuse suit proceeds against contractor (access required)

Nearly 10 years after the action was first initiated, and following numerous motions for reconsideration and interlocutory and direct appeals, plaintiffs asserting claims under the Alien Tort Statute can proceed to discovery against a contractor whose employees allegedly abused and ...

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EDVA: No (further) fees awarded in bitter patent fight (access required)

Following contentious patent litigation, the court declined to award attorneys’ fees requested on grounds that the patent owner’s claims and litigation conduct were exceptionally unreasonable. Background Plaintiff CertusView Technologies LLC holds five related patents related to its “e-Sketch” technology, which ...

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Allstate hit by jury after refusing settlement conference – $40,000 Verdict (access required)

The case involved a rear-end motor vehicle accident in Virginia Beach. The plaintiff had $21,257 in medical bills, however the majority of that amount was from the emergency room on the date of the accident, and much of that was ...

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Petersburg police officers settle overtime pay class action – $1.35 Million Settlement (access required)

Claim on behalf of Petersburg Police Department officers up to the rank of lieutenant for failure to pay overtime. The Virginia Gap Pay Act (§9.1-700 et seq.) requires localities that employ a minimum of 100 law enforcement officers to pay ...

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