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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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