Recent content by Rob Smallenberg

It's scheduled to be considered by the senate judiciary committee on 11/19 at 10:00 am.

In as much as I am the legal counsel for Health e-Choice, which distributes the SmokeFreetm, I have some familiarity with the issues raised in this post and would like to clear up some misconceptions. There is no such thing as an assignment of TMs. One can assert a trademark of a logo, name...

Kitkit, Please PM me. I am an attorney in the Commonwealth of Virginia and, having read the smoking ban legislation at length, I believe the opinion of the Department of Health is ludicrous. I was love to get a copy of the e-mail you received from the VDH. Thanks, Rob Smallenberg In-House...

The word "lighted" is not defined in the code anywhere. In such a case, statutory construction is guided by the principle that in interpreting language that is plain and unambiguous, the courts "are bound by the plain meaning of that statutory language. Thus, when the General Assembly has used...

Having practiced law in the Eastern District of Virginia for over 16 years, I am absolutely astounded by how long it is taking Judge Leon to rule on the request for a preliminary injunction. Evidently, the D.C. District Court has nothing like our "rocket docket" which suggests that from...

The Virginia Code defines "cigarette" in about three different places and these definitions are identical. Interestingly enough, the statutory scheme banning smoking in many indoor places does not define "cigarette" even though § 58.1-1000 which is the definition section of the smoking ban...

I was able to get on the NJoy USA site but they sure have a lot of their items listed as, "TEMPORARILY OUT OF STOCK, PRODUCT ON BACKORDER" including all of their starter kits.

The Judge will hear arguments on Smoking Everywhere's ("SE") motion for a preliminary injunction on 5/15. In order to be awarded a preliminary injunction, SE must establish: (1) likelihood of success on the merits; (2) irreparable harm if preliminary relief is not granted; (3) the...

Statement of the American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and the Campaign for Tobacco-Free Kids WASHINGTON, March 24 /PRNewswire-USNewswire/ -- The American Cancer Society Cancer Action Network, the American Heart...