Jason Hicks

Jason Hicks

Womble Carlyle Sandridge & Rice, LLP

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Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

3/17/2015 - Auto Manufacturers Contractors False Claims Act Federal Contractors Fifth Amendment Implied Certification Triple Canopy US v Triple Canopy

Supreme Court Rules NC Dentist Board Not Immune From Antitrust Scrutiny

In a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the...more

2/26/2015 - Dentists FTC NC Board of Dental Examiners v FTC SCOTUS Sherman Act State Action Immunity Trade Associations

Practicing in the Western District of Virginia CLE

I attended a very informative and enjoyable CLE yesterday regarding practicing in the Western District of Virginia and section 1983 cases. The CLE was put on by the Charlottesville Albemarle Bar Association. Judge Dillon,...more

1/30/2015 - Continuing Legal Education Pro Bono Pro Se Litigants

Senate Approves Judicial Nomination of Elizabeth Dillon

The Western District of Virginia has a new judge. Yesterday, the US Senate confirmed the nomination of Salem attorney Elizabeth Dillon to replace Judge Wilson, who retired in August. Judge Dillon will be the first...more

12/18/2014 - Confirmation Proceedings Judges

Womble Client Wins Stormwater Case in Charlottesville

Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more

12/5/2014 - Commercial Property Owners Real Estate Development Storm Water

Minimizing Antitrust Risk in M&A Transactions

For any company looking to enter into a merger or acquisition, the laundry list of necessary pre-closing tasks can start to add up. But, just as companies must complete due diligence and identify negotiation strategies, it...more

11/13/2014 - Antitrust Provisions Corporate Sales Transactions Disclosure Requirements DOJ FTC Hart-Scott-Rodino Act Reporting Requirements Sherman Act The Clayton Act

Contaminated Oysters in Virginia Restaurant Enough for Jurisdiction Under "Stream of Commerce" Test

Contaminated oysters served at a Roanoke restaurant were placed in the "stream of commerce" by a Connecticut seafood supplier, and thus served as the basis for the Western District of Virginia to exercise personal...more

11/13/2014 - Fishing Industry Food Contamination Personal Jurisdiction Restaurant Industry Stream of Commerce

Fraud Claim Against Lender Dismissed

"Courts have held that there is no duty on a lender to ensure that a loan is suitable for a borrower," wrote Judge Jones in a recent case dismissing a fraud and misrepresentation claim brought by a home owner against the...more

11/10/2014 - Fraud Lenders Misrepresentation Mortgages

Court Declines To Dissolve Prayer Injunction After Supreme Court's Town of Greece Decision

In March 2013, Judge Urbanski issued an injunction prohibiting Pittsylvania County from opening its board of supervisors meetings with sectarian prayers associated with any one religion as a violation of the Establishment...more

11/10/2014 - Appeals Establishment Clause Injunctions Prayer Public Meetings

2014 Elections May Lead To Changes In Antitrust Merger Review

With the Republicans gaining control of the Senate in yesterday's elections, there is a greater chance that Congress may enact reforms to the merger approval process. Currently, there is a bill pending in the House that...more

11/6/2014

Legal and Political Controversy Over Proposed Atlantic Coast Pipeline

The 550-mile Atlantic Coast Pipeline that is projected to run through the heart of Central Virginia has generated much political controversy and is now the subject of a new federal lawsuit. ...more

10/16/2014 - Energy Energy Policy Oil & Gas Pipelines

New Eminent Domain Law May Require Business-Litigation Approach To Condemnation Cases

The Charlottesville paper recently ran an interesting story about how local road improvement projects will test the limits and scope of the Commonwealth's new eminent domain law. The new laws are comprised of reforms passed...more

9/10/2014 - Condemnation Eminent Domain Infrastructure New Legislation Public Projects

O’Bannon Decision Could Open the Door to Significant Changes in Collegiate Athletics

Since Judge Claudia Wilken’s recent ruling in O’Bannon et al. v. NCAA et al., Case No. 4:09-cv-03329 (N.D.Ca.), in which the judge called the NCAA a “cartel” that restrains the college athletics market, many commentators have...more

9/8/2014 - Athletes Class Action College Athletes Injunctions Licensing Rights NCAA Revenue Sharing Scholarships

Court Rules NCAA Violated Antitrust Laws: But Did The NCAA Win By Losing?

A federal court has ruled that the NCAA cannot ban schools from giving athletes money based on their name, image and likeness, and cannot impose a salary cap below $5,000. See O'Bannon v. NCAA (N.D. Calif Aug. 8, 2014). The...more

8/11/2014 - Antitrust Provisions College Athletes Colleges NCAA Universities

Judge Turk's Legacy Remembered By Lawyers And Judges

All of the local papers ran stories this week about Judge Turk's passing and the fond memories that lawyers and judges had of Judge Turk's unique and warm sense of justice. Judge Turk, who was appointed by Richard Nixon,...more

7/9/2014 - Judge Turk

Trade Dress and the Functionality Doctrine: At the Intersection of Trademark and Patent Law

Earlier this week, the Fourth Circuit reversed the dismissal of a Lanham Act claim for trade dress infringement involving a pixel pattern embossed on an absorbent textile-like product used in medical supplies, hygiene...more

6/30/2014 - Infringement Lanham Act Patents Trade Dress Trademarks Utility Patents

Virginia Senators Recommend New Judges For WDVa

Virginia's United States Senators have recommended Martinsville attorney Ward Armstrong and Salem attorney Elizabeth Dillon to be appointed as the new judge in the Western District of Virginia. The nomination will be for...more

6/26/2014 - Judges Nominations

US Attorney Investigating Puckett Resignation

The Richmond Times Dispatch is reporting that the United States Attorney's Office for the Western District of Virginia is investigating the recent and surprising resignation of state Senator Phillip Puckett. There is a...more

6/24/2014 - Investigations

Defendant Who Defeated Preliminary Injunction And Obtained Dismissal For Failure To Prosecute Is Not A "Prevailing Party" In...

The "prevailing party" in a patent case is entitled to attorney fees from the losing side under 35 U.S.C. 285. However what constitutes a "prevailing party" sometimes can be difficult to determine. Judge Moon recently held...more

6/20/2014 - Attorney's Fees Failure to Prosecute Patent Infringement Patent Litigation Patents Preliminary Injunctions

UVa Student's Lawsuit Against ABC to Continue

Part of a UVa student's $40 million lawsuit against ABC agents has survived the defendants' motion to dismiss. The well publicized case arose out of an incident in the parking lot of the Harris Teeter in Barrack's Road...more

6/19/2014

Supreme Court Decision May Lead to More False Advertising Claims in Food and Beverage Industry

The Supreme Court's ruling in Pom Wonderful LLC v. Coca-Cola Co. may open the door to more false advertising claims regarding food and beverage labeling....more

6/17/2014 - Coca Cola False Advertising FDA FDCA Food Labeling Lanham Act POM Wonderful POM Wonderful v Coca Cola SCOTUS

Novel Copyright Action Involving Webcasting and Geofencing to be Decided in Harrisonburg

Radio stations that stream over the Internet typically have to pay performance royalties to the copyright owners of the songs that are being broadcast over the Internet. Last month, a group of radio broadcasters in Virginia...more

6/13/2014 - Copyright Internet Internet Streaming Music Radio Stations Royalties

Do Public School Athletic Leagues Have To Admit Private High Schools?

Liberty Christian Academy (LCA), a private high school in Lynchburg, Virginia, has filed an antitrust action against the Virginia High School League (VHSL), a non-profit organization of public high schools in Virginia. The...more

6/11/2014 - Athletes Public Schools Students

Supreme Court Creates New Standing Test For Asserting False Action Claim Under Lanham Act

On March 25, 2014, the Supreme Court issued a unanimous opinion, authored by Justice Scalia, in Lexmark International, Inc. v. Static Control Components, Inc. In a previous post, I discussed my involvement in this case at...more

3/28/2014 - False Advertising Lanham Act Lexmark Lexmark v Static Control Components SCOTUS

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