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Monthly Archives: July 2007

Criminal – Expert Witness – Eyewitness ID (access required)

A defendant who claims he was not the person stopped by a police officer for a nonfunctioning rear license plate and who was wanted on a stolen-vehicle warrant, is not entitled to have a psychologist testify as an expert in ...

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Employment – ERISA – Permanent Disability (access required)

Although plaintiff has been awarded Social Security disability benefits, the district court upholds defendant ERISA plan’s denial of permanent disability benefits to claimant, who suffers from depression, obesity and diabetic neuropathy, but who has been determined able to continue performing ...

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Tort – FTCA – Post Office (access required)

A plaintiff’s claim against the U.S. Postal Service alleging a lost shipment is dismissed because it is excepted from the waiver of sovereign immunity under the Federal Tort Claims Act, 28 U.S.C. Sect. 2675(a), and even if it did not ...

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Real Estate – Theater Lease – Breach – Mitigation Of Damages (access required)

Although defendant lessee of a Virginia Beach movie theater contends plaintiff committed the first material breach under the lease by failing to give defendant credit for a deposit under the lease that plaintiff allegedly spent, the district court concludes that ...

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Insurance – Homeowners Policy – Mold Remediation (access required)

Homeowners who allege injury from toxic mold that grew in their home after it was flooded from a burst water pipe can sue their homeowners insurance carrier for breach of contract, but not for constructive fraud. Plaintiff homeowners do not ...

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Employment – ERISA – Permanent Disability – Limitations (access required)

A hair stylist who sought permanent disability benefits for a leg problem has her challenge to denial of her claim dismissed because she filed it more than three years after her claim accrued. ERISA does not provide a statute of ...

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Labor – Union Pension Fund – Default Judgment (410144) (access required)

Due to the complete failure of defendant masonry company to defend this action filed by a union local for the company’s alleged failure to pay into various employee benefit plans, the district court grants the union’s motion for summary judgment. ...

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Labor – Union Pension Fund – Default Judgment (access required)

Due to the complete failure of defendant masonry company to defend this action filed by a union local for the company’s alleged failure to pay into various employee benefit plans, the district court grants the union’s motion for a permanent ...

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Creditor's Rights – Auto Purchase – Security Interest (access required)

A bank that loaned a consumer $25,000 to purchase a car is entitled to default judgment against defendant car dealer, which failed to produce the vehicle or the title to allow the bank to perfect a security interest in the ...

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Attorneys – Sanctions – FRCP 11 – Safe Harbor (access required)

In a plaintiff’s suit alleging housing discrimination, the district court denies a motion for sanctions based on plaintiff’s lawyer’s filing of a “patently weak” motion to alter or amend the judgment, and on counsel’s response to defendant’s invocation of Rule ...

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