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

Experts may testify about lost earnings at damages trial (access required)

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

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No confusion in marketplace over CPFA designation (access required)

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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Insurer awarded over $3.3 million in costs and fees  (access required)

Where the indemnity agreement obligated the defendant to satisfy the insurer’s “losses, costs, damages, attorneys’ fees and expenses,” the insurer was awarded over $3.3 million, after deductions for unreasonable and inconsistent redactions in its invoices. Background On July 3, 2020, ...

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Roanoke police officer immune in Walmart arrest (access required)

Where the officer had a reasonable basis to believe a man had committed or was committing a battery upon Walmart employees, qualified immunity operated to bar  false arrest, malicious prosecution and excessive force claims. Background Jeremiah Henderson filed this civil ...

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