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

Eminent domain possession requires proper valuation (access required)

The court held that Mountain Valley Pipeline had the right to condemn affected easements, but could not possess them before determining fair value. On October 13, 2017, the Federal Energy Regulatory Commission issued a Certificate Order authorizing Plaintiff Mountain Valley ...

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“First-to-file” rule won’t reward forum shopping (access required)

A mattress company could not use a first-filed declaratory judgment complaint in Virginia courts to pull its trade-secrets dispute with an Ohio company to Virginia, the court held. Plaintiff MCCOA and Defendant RSS are both mattress retail companies. MCCOA is ...

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Prosecutor immune in ‘false prosecution’ case (access required)


Despite the allegation of “a grave injustice” in the abduction conviction of a Charlottesville-area grocer, a federal judge said the man’s civil lawsuit against the prosecutor’s office would not stand. Sovereign immunity protects the commonwealth’s attorney under the U.S. Constitution, ...

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Default judgment granted in copyright suit (access required)

The court awarded damages and attorneys’ fees for copyright infringement through the Defendants’ alleged use of a torrent network. Plaintiff ME2, which holds the copyright to the film “Mechanic: Resurrection,” alleges that defendants Mohamed Ahmed, Marisol Amaya, Daud Jan, and ...

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Incumbent Protection Act struck down (access required)

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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