Litigation

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Williams Mullen E-Discovery And Information Governance Team: A Cautionary Tale For All Litigators And A Must Read For Virginia Attorneys
Posted on 12 Mar 2012 by Williams Mullen

B y Bennett B. Borden and Monica McCarroll Judge Payne's Opinion in ePlus Inc. v. Lawson Software, Inc. is a "must-read" for all attorneys practicing in the E.D. Va. and a cautionary tale for all litigators. Judge Payne provides a primer... Read More

Consumer Web Site Review Of Texas Lawyer Leads To Defamation Lawsuit
Posted on 26 Apr 2011 by Lee Berlik

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... Read More

Virginia Federal Judge Bars Former Attorney From Filing Frivolous Lawsuits
Posted on 30 Mar 2012 by Lee Berlik

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... Read More

Virginia's Suit Challenging Health Care Act Continues
Posted on 3 Aug 2010 by Cheryl Keely

RICHMOND, Va. - (Mealey's) Saying that no case from any federal appellate court has extended the commerce clause or tax clause of the U.S. Constitution to include the regulation of a person's decision not to purchase a product, the federal judge... Read More

Virginia's 2-Year Statute Of Limitations Dooms Swedish Firm's Negligence Lawsuit
Posted on 19 Oct 2011 by Lee Berlik

A Swedish law firm has failed in its effort to sue a director of a former client for "misrepresentation" in Virginia federal court after the court ruled the claim was barred by Virginia's two-year statute of limitations applicable to negligence... Read More

Judge Rules Parts Of Health Care Act Unconstitutional
Posted on 13 Dec 2010 by Cheryl Keely

RICHMOND, Va. -- (Mealey's) A Virginia federal judge on Dec. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional and severed it from the rest of the act; the judge denied the... Read More

Supreme Court Takes No Action On Virginia's Challenge To Health Care Law, For Now
Posted on 18 Apr 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - Although the state of Virginia has asked for its lawsuit challenging the federal health care law to go straight to the U.S. Supreme Court, the high court on April 15 took no action on the request, the Associated Press has reported.... Read More

Troutman Sanders LLP: Jury Awards DuPont $920M In Virginia Intellectual Property Case
Posted on 27 Sep 2011 by Troutman Sanders

By Dabney Carr Yesterday [September 14th], in what we believe is the largest verdict in an intellectual property case in Virginia, a jury in the Richmond Division of the Eastern District of Virginia awarded Dupont $920 million for misappropriation... Read More

Virginia Petitions High Court Over Dismissal Of Challenge To Health Care Act
Posted on 3 Oct 2011 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) The Commonwealth of Virginia on Sept. 30 filed a petition for writ of certiorari with the U.S. Supreme Court, saying that the Fourth Circuit U.S. Court of Appeals erred in finding that Virginia lacked standing to challenge... Read More

Supreme Court Denies Fast-Track Review In Challenge To Health Care Act
Posted on 25 Apr 2011 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 25 rejected Virginia's request for a writ of certiorari before judgment for review of a lower court's decision holding that the individual mandate contained in the Patient Protection... Read More

4th Circuit Considers If Dismissal Of Health Care Law Challenge Appropriate
Posted on 11 May 2011 by Cheryl Keely

RICHMOND, Va. - (Mealey's) A group of plaintiffs in Virginia, including a private Christian university, argued before the Fourth Circuit U.S. Court of Appeals on May 10 that a lower court erred in finding that Congress acted within its power in enacting... Read More

Failure To Demonstrate Basis For Subject Matter Jurisdiction Can Lead To Monetary Sanctions
Posted on 14 Feb 2013 by Lee Berlik

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... Read More

Williams Mullen: State Attorneys General Served ‘Home Cooking’ By The Supreme Court Of The United States
Posted on 16 Jan 2014 by Williams Mullen

By Charles E. “Chuck” James Jr. and Brendan D. O’Toole On January 14, 2014, in Mississippi v. AU Optronics Corp. , the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does... Read More

Cancellation Of The Washington Redskins Trademark Registration: The Judicial Decision
Posted on 15 Jul 2015 by LexisNexis Legal Newsroom Staff

In an opinion issued on July 8, 2015, Judge Gerald Bruce Lee of the United States District Court for the Eastern District of Virginia ordered the United States Patent and Trademark Office (PTO) to cancel the registration of the Washington Redskins football... Read More

Sands Anderson PC: Itemized Damages Permitted in Closing Arguments
Posted on 13 Sep 2012 by Sands Anderson PC

By Sarah Warren Beverly In an opinion that the Virginia Supreme Court handed down in March of this year, Justice Powell, writing for the majority, held that counsel for the plaintiff, in his closing argument, was permitted to assign a fixed dollar... Read More