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

Fee award reduced due to excessive time spent on motion (access required)

Where a defendant was entitled to an award of attorney’s fees because the court had granted the defendant’s motion to compel, the requested fees were reduced because the amount of time defendant’s counsel spent on the motion was excessive given ...

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Suit in Virginia over daughter’s kidnapping was duplicative (access required)

A plaintiff who filed a lawsuit in Vermont federal court alleging a conspiracy by her former partner to kidnap their daughter, and then filed an essentially identical action in Virginia as a “protective action,” engaged in improper “claim splitting,” resulting ...

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Page County must produce documents sought by ex-employee (access required)

A former county employee asserting claims for employment discrimination and retaliation is entitled to various categories of documents from the defendant, including material in the personnel files of other employees. Background Lynda Minke sued her former employer, Page County, alleging ...

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Coal miner’s suit against respirator companies untimely (access required)

Where coal miner filed his products liability claims against the companies who sold, manufactured, designed and marketed the respirators he used within two years after he was diagnosed with complicated coal workers’ pneumoconiosis, his claims were still barred by the ...

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Definiteness of patent delayed until claim construction (access required)

Where a patent for an accumulation table that conveys products from one production machine to another included functional language describing how the accumulation table was to be used, it would be premature to determine whether the functional language rendered the ...

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School Board not liable for custodian’s acts (access required)

A school cafeteria employee is alleging a coworker created a hostile work environment by leering, snarling and grimacing at her and other female employees. Background Judy Atkins alleges that her former employer, the Smyth County Virginia School Board, and her ...

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