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

Judge: No ‘Twiqbal’ standard for affirmative defenses (access required)

A Roanoke federal judge said he is joining the “growing number of courts” rejecting a heightened pleading standard for affirmative defenses in civil litigation. Plaintiffs chafing at the higher pleading hurdle imposed by Supreme Court opinions a decade ago argued ...

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Conspiracy to smuggle contraband into jail rejected (access required)

Although the defendant challenged the indictment to smuggle contraband into the jail on multiple grounds, including that that jail is not a “prison” within meaning of the federal statute and the statute is unconstitutionally vague the court rejected each of ...

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Choice Hotel chain prevails in trademark suit (access required)

Where Choice Hotels demonstrated its former franchisee continued to use the hotel trademarks after the franchise arrangement ended, thus violating the Lanham Act, the hotel chain was awarded attorneys’ fees and a permanent injunction preventing defendants from using the marks. ...

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Debtor’s adversary proceeding commenced too late (access required)

Where the government began recoupment proceedings in 2008 against a debtor  discharged from the Air Force because she was lesbian in order to recover funds expended on her behalf under the ROTC program, her 2017 challenge to recoupment proceedings was ...

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Challenge to debt collection practice survives (access required)

Although the defendants argued the plaintiff lacked standing to asserting claims under the Fair Debt Collection Practices Act, the court held the alleged FDCPA violations created a material risk of harm that was sufficient to establish standing. Background Willie Henderson ...

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Online lender sued for using alleged autodialer (access required)

Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify ...

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School’s misconduct procedures did not violate due process (access required)

Where four male students were suspended or expelled from Virginia Tech after they were accused of sexual misconduct, they could not sue the school for due process violations because they did not have a protected liberty or property interest in ...

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Expert testimony regarding diminished market value excluded (access required)

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

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