Legal Opinion
H.D. Oliver Funeral Apartments, Inc. v. Dignity Funeral Services, Inc.
District Court, E.D. Virginia
Decided May 14, 1997No. Civil Action 2:97cv218PublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER
PRINCE, United States Magistrate Judge.
This is an action by a funeral business against another funeral business alleging causes of action under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (Count I), the Virginia Consumer Protection Act (VCPA), Va. Code § 59.1-196 et seq. (Count II), and for common law defamation (Count III), all growing out of a newspaper advertisement placed by the defendants. Defendants have moved to dismiss Counts II and III, pursuant to Federal Rule of Civil Procedure 12(b)(6). 1
Facts
H.D. Oliver Funeral Apartments, Inc. (“Oliver”) is in the business of…
2Cases cited16 opinions
- Gill v. Rollins Protective Services Co.Court of Appeals for the Fourth Circuit · 1985
- Liberty Mutual Insurance Company v. Triangle Industries, Incorporated, A/K/A Anc Holdings, Incorporated Triangle Pwc, Incorporated, & Third Party v. New Jersey Property-Liability Guaranty Association, on Behalf of Ideal Mutual Insurance Company, in Liquidation, Zurich-American Insurance Companies, 91-1685 Zurich Insurance Company, Third Party and Wausau Insurance Companies, Employers Insurance of Wausau, Third Party Westinghouse Electric Corporation, International Business MacHines Corporation, Olin Corporation, American Fiber Manufacturers Association, American Petroleum Institute, Chemical Manufacturers Association, Insurance Environmental Litigation Association, Amici CuriaeCourt of Appeals for the Third Circuit · 1992
- John T. Stephens v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1975
- Jerry Wohl, Sometimes Known as Jerome S. Wohlmuth v. Roslyn Wohlmuth KeeneCourt of Appeals for the Fourth Circuit · 1973
- Klitzner Industries, Inc. v. H. K. James & Co.District Court, E.D. Pennsylvania · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Panag v. Farmers Ins. Co. of WashingtonWashington Supreme Court · 2009
- East West, LLC v. RahmanDistrict Court, E.D. Virginia · 2012
- Ackre v. Chapman & Chapman, P.C.North Dakota Supreme Court · 2010
- Bay Point Condominium Ass'n v. RML Corp.Norfolk County Circuit Court · 2000
- BHR Recovery Cmtys., Inc. v. Top Seek, LLCDistrict Court, E.D. Virginia · 2018
6 more not listed; retrieve them via the Exa API.