LexisNexis® Legal Newsroom
Associated Press Reporter Accused Of Libel By Tweet

Did an Associated Press reporter commit a foul against an NBA referee earlier this year by defaming him on Twitter during a league game? On March 14, 2011, National Basketball Association official Bill Spooner filed a federal defamation case against Associated Press sports beat reporter Jon Krawczynski...

Lacoste Granted Limited Discovery In Lawsuit Over Sales In 'Big Box' Stores

Lacoste Alligator, S.A., which sells tennis shirts and other apparel with the distinctive green crocodile logo in high-end stores like Nordstrom and Saks Fifth Avenue, will get a chance to find out, through discovery in a lawsuit, which of its distributors (if any) have been selling its products to Costco...

Consumer Web Site Review Of Texas Lawyer Leads To Defamation Lawsuit

Consumer review sites continue to grow in popularity. Sites like Angie's List , Avvo , and Yelp (to name but a few) allow people to post their experiences with lawyers, doctors, hairdressers, restaurants, roofers, and just about anyone else, and assign a rating to the service provider they used....

Yves Saint-Laurent Sued For Trademark Infringement Of Distinctive Red Soles

A new line of women's footwear now being sold by Yves Saint-Laurent has high-end French shoe designer Christian Louboutin seeing red. Louboutin's companies, asserting that a new line of red Yves Saint-Laurent shoes violates their U.S. trademark , recently filed a trademark infringement suit in...

Virginia Federal Judge Finds Computer Fraud And Abuse Act Claim Supportable Without Cash Loss

What kind of expense amounts to a "loss" under the Computer Fraud and Abuse Act (CFAA), and did a Virginia litigation-support company incur the required minimum of $5,000 in losses when it investigated an alleged breach of its computer systems, retaining the services of both an attorney and...

In Lawyer's Defamation Action, Draft Complaint Afforded Absolute Privilege

Virginia courts have long held that statements made in connection with judicial proceedings are entitled to absolute protection from defamation liability. To encourage truthfulness in litigation, Virginia public policy has extended an absolute privilege to statements made in a party's pleadings,...

Lawyer's Defamation Arguments Rejected In Virginia Court, Town Dismissed From Lawsuit

When SolAVerde's attorney spoke to the media about his client's defamation claims against the Town of Front Royal and certain councilmen, he sounded pretty confident. The court, however, disagreed with his arguments and dismissed the Town from the lawsuit, finding it to be immune. The court also...

Virginia's High Court Rules On Law Of Fraudulent Conveyances In Apartments Sale Dispute

Once a plaintiff has introduced evidence to establish a " badge of fraud ," a prima facie case of fraudulent conveyance is established and the burden shifts to the defendant to establish that the transaction was not fraudulent. So held the Virginia Supreme Court, in reversing the Henrico County...

Tortious Interference, Conspiracy Claims By Virginia Lawyer Dismissed

In a dispute between two Virginia lawyers, a U.S. District Judge has rejected attorney Cynthia Smith's claim that another attorney, Timothy Purcell, interfered with her contract with a client and caused her to suffer nearly $4 million in financial losses. Smith had been representing a Northern...

Virginia Federal Judge Bars Former Attorney From Filing Frivolous Lawsuits

When former attorney Ann Marie Miller had a bone to pick with Jennifer Ann Kelley, Miller used her knowledge of the legal system to represent herself in numerous suits of questionable merit against Kelley, according to Judge Wilson of the Western District of Virginia. In Miller v. Kelley , the court...

Virginia Judge Enjoins Former Attorney From Frivolous Litigation

When former attorney Ann Marie Miller had a bone to pick with Jennifer Ann Kelley, Miller used her knowledge of the legal system to represent herself in numerous suits of questionable merit against Kelley, according to Judge Wilson of the Western District of Virginia. In Miller v. Kelley , the court...

Radio Station Lawyers Say Complaints To Advertisers Is Defamation, Tortious Interference

Not everyone was happy when KIBZ 104.1 FM (The Blaze) replaced its rock format with new programming. One unhappy listener tried contacting the radio station to express his displeasure but had trouble reaching a live person. So he took his complaints to the station's advertisers. He succeeded in getting...

Weak Mark, Lack of Confusion Leads to Summary Judgment for Defendant

Judge Leonie M. Brinkema was not impressed with the trademark infringement case filed by Wag'N Enterprises, a pet-safety company based in Herndon, Virginia, against a California nonprofit known as Redrover. Entering summary judgment in favor of Redrover, she essentially found that no reasonable jury...

Trademark Infringement Claimed by Christian Rockers

The Newsboys , a Christian rock music group, has filed a trademark infringement lawsuit against the New Boyz rap duo, claiming that despite the contrasts in musical styles and lyrics, the similarity in the bands' names will cause confusion among its fans. Sounds legit , right? Actually, as ill...

Virginia Technology Firm Sued for Trademark Infringement

Vienna, Virginia-based Immersonal , Inc., a consumer software and technology services company, has been sued for trademark infringement and related claims in Virginia federal court. Radio and Podcast personality, Ira Glass , and Chicago Public Media say Immersonal's new "This American Startup"...

Laffey Matrix, Grissom Table Considered In Lowering Attorneys' Fees

The Laffey Matrix is used as a guideline for reasonable attorney fees in the Washington-Baltimore area. An updated version is available that adjusts the rates for the high cost of living. Virginia courts are not bound by the Laffey Matrix, but the Fourth Circuit has indicated that the Laffey matrix is...

Failure To Demonstrate Basis For Subject Matter Jurisdiction Can Lead To Monetary Sanctions

If you're going to file a lawsuit against someone, you'd better explain the basis for it. A complaint doesn't need to include much detail, but it must at least allege facts showing that you've been wronged and that you are entitled to a remedy of some sort. In federal court, you must...

Res Judicata: Double Jeopardy's Civil Lawsuit Cousin

When Cecil Addison was passed over for promotion, he sued Volvo Trucks North America and Ivan Mitchell in the Western District of Virginia for breach of contract and discrimination. Volvo Trucks had a contract agreement with the United Auto Workers Union. Addison alleged the defendants changed the contract's...