Virginia Lawyers Weekly

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022-2-008 – Mutual Assurance Society of Virginia v. Federal Insurance Company | Virginia Lawyers Weekly

Mutual Assurance Society of Virginia v. Federal Insurance Company, Case No. 20-1149, Jan. 12, 2022. 4th Cir. (per curiam), from EDVA at Richmond (Lauck). Harold Edward Johnson for Appellant. Douglas Aaron Winegardner for Appellee. VLW 022-2-008. 16 pp. Full-Text Opinion

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Primary policy required to cover $4M wrongful death settlement | Virginia Lawyers Weekly

Where two insurers asserted the other must pay for a four-million-dollar wrongful death settlement, the district court correctly held that one policy was a primary policy that was required to cover the settlement, while the other policy provided only excess coverage. Background Two insurers dispute the proper allocation of coverage liability for a four-million-dollar wrongful ...

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Review of compassionate release bid was insufficient | Virginia Lawyers Weekly

Where the trial court failed to conduct an individualized assessment of the defendant’s reasons for early and compassionate release, including his rehabilitation efforts, a parent’s ill health and the potential voiding of one of his convictions, the ruling was vacated. Background Francis Curtis Davis appeals from the district court’s order denying his motion for compassionate ...

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No habeas relief despite juror’s false statements | Virginia Lawyers Weekly

Where a juror in the trial of a man ultimately sentenced to death for killing a police officer falsely answered three voir dire questions, including whether a relative was employed by law enforcement, because the district court found his false answers were unintentional and did not reveal actual bias, habeas relief was denied. Background Thomas ...

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022-2-007 – United States v. Davis | Virginia Lawyers Weekly

United States v. Davis, Case No. 21-6960, Jan. 13, 2022. 4th Cir. (per curiam), from EDVA at Richmond (Gibney). Francis Curtis Davis for Appellant. VLW 022-2-007. 7 pp. Full-Text Opinion VLW 022-2-007 Virginia Lawyers Weekly Review of compassionate release bid was insufficient

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DIRECTV entitled to attorney fees, costs for litigation | Virginia Lawyers Weekly

Where DIRECTV prevailed on its Federal Communications Act claim against an individual who stole satellite transmissions, but had to spend more than $60,000 to recover the judgment, its motion to recover fees and costs was granted. Although the statute did not expressly provide for the recovery of postjudgment fees and costs, this conclusion was supported ...

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Groundwater contamination suit belongs in state court | Virginia Lawyers Weekly

Where a historically Black university sought remedies for alleged groundwater contamination caused by an adjacent industrial park, the suit was improperly removed to federal court. The defendants’ adherence to federal law did not mean they were “acting under” federal supervision. Background This case deals with groundwater contamination on land owned by West Virginia State University, ...

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Federal patent law preempts unjust enrichment claim | Virginia Lawyers Weekly

Where patent holder Columbia University in New York claimed the defendant was unjustly enriched when it allegedly used confidential information in proposals, but Columbia failed to show a confidential relationship existed as it pertained to the proposals, federal patent law preempted the unjust enrichment claim. Background The Trustees of Columbia University in the City of ...

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022-2-005 – Sky Cable LLC v. DIRECTV Inc. | Virginia Lawyers Weekly

Sky Cable LLC v. DIRECTV Inc., Case Nos. 16-1920, 16-1943, 16-1946, Jan. 10, 2022. 4th Cir. (Wynn), from WDVA at Harrisonburg (Urbanski). Robert W. Shaw and Patrick T. Jordan for Appellant Randy Coley. John W. Bryant for Appellant Its Thundertime LLC. James J. O’Keeffe IV for Defendant Kimberli Coley. John H. Jamnback for Appellee. VLW ...

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022-2-004 – West Virginia State University Board of Governors v. The Dow Chemical Company | Virginia Lawyers Weekly

West Virginia State University Board of Governors v. The Dow Chemical Company, Case No. 20-1712, Jan. 10, 2022. 4th Cir. (Gregory), from SDWVA at Charleston (Copenhaver). Kasdin Miller Mitchell for Appellants. Benjamin James Hogan for Appellee. VLW 022-2-004. 43 pp. Full-Text Opinion VLW 022-2-004 Virginia Lawyers Weekly Groundwater contamination suit belongs in state court