Filing a lawsuit against another company or individual in Virginia is not always about money. Sometimes, it is necessary to get a court order compelling the defendant to take some desired action (like perform a contractual obligation to purchase real estate) or restraining the defendant from acting in a manner…
The Virginia Business Litigation Blog
Older Employees Claim Age Discrimination by 3M
Like it or not, if you are 40 years old or older, your employer or coworkers may consider you downright geriatric and mistakenly assume that you are no longer able to perform the requirements of your position as well as a younger person. When you turn 40, you officially join…
Trademark Dispute Breaks Up Relationship Between Marriage Marketers
Maryland-based Marriage Savers, Inc., a non-profit marriage counseling service and operator of www.marriagesavers.com, has filed a trademark action in the Eastern District of Virginia against Lovepath International, Inc., another marriage counseling organization, which allegedly has been conducting business using the confusingly similar domain name marriagesaver.com. As of this writing, www.marriagesaver.com…
Herndon Company Unable to Obtain Preliminary Injunction Against Breach of Non-Compete
Herndon-based Deltek, Inc., surely thought it would have little trouble enjoining its former employees from forming a competing company in direct violation of their employment contracts. After all, the defendants admitted that they were competing with their former employer in a manner that would fall under the noncompete provisions of…
Your Rights as a Disabled Employee
Qualified individuals with disabilities are entitled to an equal opportunity to benefit from the full range of employment-related opportunities available to others. The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace (as well as in government and other contexts) on the basis of disability. It applies to employers…
Discrimination Against Hispanics By Nordstrom Leads to Settlement
Days before the case was scheduled to go to trial, national department store chain Nordstrom, Inc., opted to settle the Title VII lawsuit brought against it by the United States Equal Employment Opportunity Commission in which the EEOC alleged Nordstrom violated Title VII of the Civil Rights Act of 1964…
Fairfax County Jury Awards $3.2 Million to Injured Shopper
As reported in the Washington Post, a jury trial in Fairfax County, Virginia, resulted in an award of $3.2 million in damages to a 36-year-old Arlington resident who was injured while shopping at IKEA’s Potomac Mills store. On July 28, 2006, as the shopper stopped near the store’s exit to…
Trademark Litigation Between Coke and Pepsi Enters Another Round
On Monday, the company that owns Gatorade (a Pepsi subsidiary) filed suit against Coca-Cola and Energy Brands, accusing them of false advertising and other unfair competition in connection with its two-week advertising campaign for Coke’s Powerade ION4 sports drink. In the advertising campaign, Powerade (which continues to be marketed as…
D.C. Sues Computer Leasing Companies for Fraud Scheme
D.C. has brought an action in D.C. Superior Court against several computer-leasing companies, charging them with deceiving numerous church congregations into paying hundreds of thousands of dollars for unneeded or broken computer equipment. In the lawsuit, filed last Wednesday, the city claims that United Leasing Associates of America, Television Broadcasting…
Virginia Court Gives Cybersquatter “The Maximum”
Apparently there are still some people who think they are being clever by registering domain names confusingly similar to trademarks or domains used by existing companies, hoping to capitalize on the confusion. And what better target than Citibank, a giant company with an easily misspelled name! Judge Hilton of the…