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Monthly Archives: October 2007

Employment – ERISA Benefits Plans – Labor Contract (access required)

Whether the DuPont Company’s amendments to several of its ERISA-governed employee benefit plans constitute changes that violate its collective bargaining agreement is a question subject to arbitration under the CBA, except for issue of changes to the company’s medical care ...

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Securities – Securities Fraud – Scienter – SOX Certifications (access required)

An Alexandria federal district court dismisses a suit filed on behalf of a class alleging defendant BearingPoint Inc.’s “lax internal controls” and dysfunctional accounting systems allowed defendant to defraud the market by knowingly or recklessly publishing false financial information despite ...

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Consumer Protection – Foreclosure Avoidance – TILA – Va. MLBA (access required)

A woman who alleges she was defrauded by defendant Home Savers LLC when she entered into a deal to deed her Chesapeake home as a security interest to Home Savers who would assume her mortgage and satisfy her arrearage, while ...

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Creditor's Rights – Equitable Subrogation – Lien Priority (access required)

Deutsche Bank, the assignee of a deed of trust given by debtors to secure a $990,000 loan, loses its request to have the district court accord to it as assignee bank the same priority over a judgment lien obtained by ...

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Criminal – Post- Conviction Motion – Ineffective Assistance Claim (access required)

A district judge denies a federal inmate’s 28 U.S.C. Sect. 2255 motion alleging he was denied effective assistance of counsel in that his attorney failed to investigate or object to supposed “false evidence,” failed to identify prejudicial errors in missing ...

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MySpace is a well-stocked arsenal for trial lawyers (access required)

While your 14-year-old daughter might have known about MySpace and Facebook like forever, trial lawyers have only recently begun to realize the amount and variety of ammunition that may be waiting for them on these social networking sites. Whether an ...

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Wiki world: Taking the labor out of collaboration (access required)

Prepare yourself: The wiki has arrived. A wiki, simply put, is a Web site that allows multiple people to contribute, edit and collaborate on it. This short, odd little word (it’s pronounced “wick-ee” and comes from the Hawaiian word for ...

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Help for your practice is as close as the Web (access required)

Success in the legal profession, as in any other profession, depends on having current, relevant and accurate information. But not every bit of information you need will be found in your law library. A cornucopia of excellent search engines and ...

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Household member can bring claim for asbestos (access required)

A member of the household of an employee exposed to asbestos can sue for injuries from an employer’s alleged failure to warn of the danger of exposure. A Charlottesville circuit judge has overruled a demurrer in a suit brought by ...

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Goodwyn tapped for high court (access required)

As a successful litigator with a pro-minent Norfolk law firm, S. Bernard Goodwyn had to be talked to into becoming a substitute general district court judge. Once he started sitting, however, he knew he wanted to be a full-time judge. ...

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