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

Allegations don’t establish intent to deceive (access required)

Various statements by a contractor related to its performance on a contract (estimated to be worth over $100 million) were optimistic or maybe even false, but the plaintiff’s allegations did not sufficiently allege executives’ scienter, i.e. a motive to deceive ...

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Procedure attempting to stop pain damaged digestive system – $1.85 Million Settlement (access required)

At the time of the medical care at issue in December 2014, the plaintiff was 48 and employed as a Public Affairs Specialist. She had just been promoted five weeks before the procedure in question. The plaintiff is married, has ...

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Top Op Digest: State-law claims for damage to stored property not pre-empted (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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EDVA: Plaintiff’s “unclean hands” irrelevant to antitrust relief (access required)

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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EDVA: Single action improper against online counterfeit defendants (access required)

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

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Allstate offers limits to man shot in head by friend – $300,000 Verdict (access required)

The plaintiff in this case was negligently shot by a friend who was playing with a handgun. The victim was airlifted to INOVA Fairfax Hospital. The shooter pled guilty to the reckless handling of a firearm in violation of Virginia ...

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EDVA: Texas company’s purchase orders established “minimum contacts” (access required)

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

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EDVA: No sovereign immunity for tribal lending companies (access required)

In a suit alleging usurious loans, two online-lending companies created by Chippewa tribal leaders failed to prove by a preponderance of the evidence that they were entitled to sovereign immunity as arms of the tribe. Background The Lac Vieux Desert ...

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EDVA: “We buy houses” trademark generic, unenforceable (access required)

A company that obtained a trademark for the phrase “we buy houses” cannot enforce it, because the phrase was used extensively by industry participants to describe a class of services rather than any particular service provider. Background Plaintiff Express Homebuyers ...

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EDVA: Widow’s foreclosure claims don’t show breach of contract (access required)

A plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

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