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Monthly Archives: June 2008

Claimant gets de novo review in ERISA case

The rule that the plan documents, not the summary plan description, control usually works to the detriment of long-term disability claimants in disputes with ERISA administrators. Not this time. The SPD clearly gave Prudential Insurance Company of America the sole ...

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Ad claim in shelving case stated opinion, not fact – Defense Verdict (access required)

On May 13, 2008, U.S. District Judge Jerome B. Friedman dismissed a Lanham Act “false advertising” case filed by Sierra Shelving Inc. (“Sierra”) against Design Assistance Construction Systems, Inc. (“DACS”). Judge Friedman’s opinion and order dismissing the case followed Magistrate ...

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Not a bad day after all

The 25-year-old woman went to Fairfax General District Court expecting Judge Lisa A. Mayne to preside over her trial on a drunken driving charge. The prosecutor told her attorney, Corinne Magee, he needed some time to talk to the police ...

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Lawyer settles defamation case

Richmond personal injury attorney Jay Tronfeld has settled his lawsuit alleging that a Nationwide adjuster defamed him by telling a client that Tronfeld “just takes people’s money.” The case had been scheduled for trial yesterday in Petersburg Circuit Court, but ...

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A Good Place to Live

MSNBC’s Andrea Mitchell stepped in a pile last week, insulting the people of Bristol. Democratic presidential hopeful Barack Obama was in Southwest Virginia, appearing with former Gov. Mark Warner, who is running for the Senate seat being vacated by Republican John ...

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Amherst candidate accused of campaign sign booby trap

We have noted some of the shenanigans exposed in recent Virginia elections, mostly involving anonymous mudslinging in violation of election laws. In Amherst County, however, the sheriff says things got physical. An unsuccessful candidate for supervisor is accused of putting ...

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Fire victim sues to get charity funds

After a house fire that took the life of a Blacksburg builder and severely burned his granddaughter, the community passed the hat to help the family. Now, the injured granddaughter is taking the builder’s widow to court, saying that the ...

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Judge Mark Davis headed for federal bench

The US Senate has confirmed Portsmouth chief circuit Judge Mark Davis for a federal district judgeship in Alexandria, according to the AP via WVEC. According to the report, Davis once worked as a lawyer for RMS Titanic Incorporated, the firm ...

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