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

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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EDVA: FDCPA claim viable against lender, servicer (access required)

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

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EDVA: Dish Network’s credit inquiry could be FCRA violation (access required)

A plaintiff who said he contacted Dish merely to comparison shop for TV plans sufficiently alleged a consumer-protection claim against the company, arising from an inquiry that appeared on his credit report that the company failed to have removed. Background ...

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EDVA: Hate-crime law unconstitutional as applied to Amazon worker (access required)

An Amazon warehouse employee who beat up a coworker based on the victim’s sexual orientation couldn’t be convicted of a federal hate crime, though the jury delivered a guilty verdict. The act didn’t affect interstate commerce and, thus, was outside ...

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School attorneys raise concerns about lay advocates (access required)

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Two Virginia federal judges are wrestling with the status of unlicensed advocates in special education cases, an issue that has raised concerns for school representatives and the Virginia State Bar. One judge declared that a lay advocate is not entitled ...

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EDVA: Voter intimidation, defamation claims survive dismissal (access required)

Two publications purporting to reveal widespread voter fraud have given rise to a viable lawsuit. The published materials (called Alien Invasion I and II) allegedly reported falsely that specific individuals, identified by name and other personal information, had registered and/or voted illegally in ...

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EDVA: Spouse-plaintiffs proceed to consolidated discrimination trial (access required)

The plaintiff, a former executive, survives summary judgment on several claims arising from her treatment by the company’s CEO during and after a volatile intimate relationship involving threats and abusive behavior. Her husband’s separate claim for Title VII retaliation can ...

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Judge allows malicious prosecution claims to advance (access required)

Judge and Attorneys FEA

A Richmond federal judge has allowed malicious prosecution claims against a Virginia commonwealth’s attorney and a state detective to go forward. The decision this month keeps alive the complaint filed by a one-time candidate for Greensville County sheriff who contends ...

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