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Monthly Archives: June 2008

Real Estate – Mortgage Default – RESPA Claim (access required)

Plaintiff homeowners who have defaulted on their loan and seek to avoid foreclosure are granted leave by the U.S. District Court in Richmond to amend their complaint to add an additional alleged violation of the Real Estate Settlement Practices Act ...

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Labor – Union Representation – RICO – Extortion (access required)

A Richmond U.S. District Court holds that plaintiff Smithfield Foods has stated claims for violation of the federal RICO statute based on defendant union’s alleged acts to coerce Smithfield to recognize the union as the collective bargaining representative for the ...

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Civil Procedure – Venue Transfer – ADEA Claim (access required)

Although a former regional salesman for defendant Bayer Cropscience was required to live in Chester, Va., during the employment period in question, he has since moved to Massachusetts, and his age discrimination suit is transferred by this Richmond U.S. District ...

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Employment – Contract – ADR Clause – At-Will Employee (access required)

A U.S. District Court in Alexandria denies defendant employer’s motion to dismiss two former employee’s wrongful discharge claim on employer’s theory that plaintiff former employees did not have an employment contract based on the company’s Employee Guide and alternative dispute ...

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Civil Procedure – Complete Diversity – Drug Company Execs (access required)

A federal inmate’s pro se suit against executives of Purdue Pharma for their alleged role in failing to advise him of the danger of becoming addicted to the prescription pain medication OxyContin has his state court claims dismissed by the ...

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Tort – Defamation – Compulsory Counterclaim (access required)

An employment discrimination plaintiff cannot get his former employer’s defamation counterclaim dismissed by the U.S. District Court in Alexandria because the claims based on alleged defamation in plaintiff’s e-mails are compulsory counterclaims logically related to plaintiff’s termination claims. The alleged ...

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Bankruptcy – Automatic Stay – Ch. 11 – Necessary Party (access required)

A glass company that filed a Chapter 11 petition in Virginia bankruptcy court is entitled to the protection of the automatic stay in bankruptcy, but the U.S. District Court in Alexandria holds that its codefendants in a contract action filed ...

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Employment Discrimination – School Employee – Disability (access required)

A pro se plaintiff who has been litigating her disability discrimination claims against defendant school board has her most recent complaint dismissed by the U.S. District Court in Alexandria under the doctrine of res judicata. Plaintiff was employed by defendant ...

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