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Monthly Archives: July 2008

Domestic Relations – Spousal Support – Military Pension (access required)

A retired military man who objects to paying $500 in monthly spousal support to the wife he married in Korea, in addition to her share of his military pension, wins remand of the spousal support award by the Court of ...

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Negligence – Negligent Hiring – Independent Contractor – Truck Driver (access required)

On post-trial motions, a Roanoke U.S. District Court holds that plaintiff injured in an accident with a tractor-trailer presented sufficient evidence to support the notion that the deceased driver’s inexperience and incompetence as a driver was a significant contributing factor ...

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Insurance – Policy Coverage – Vehicle Theft – Cooperation (access required)

A Roanoke U.S. Magistrate Judge says a policyholder who filed an insurance claim for the theft of a van breached his insurance contract’s requirement that he cooperate with the insurance company when failed to respond to correspondence and insisted on ...

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Civil Rights – Warrantless Entry – Noise Complaint – Trespass (access required)

A deputy sheriff who suspected an underage drinking party and entered plaintiff’s home with the stepparent of a girl whose car was parked outside, after knocking 25 times, does not have qualified immunity from the homeowner’s civil rights suit, and ...

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Criminal – Sentencing – Bank Robbery – Firearm Use (access required)

In sentencing a defendant apprehended and convicted in 2007 for a bank robbery committed in 1989, an Abingdon U.S. District Court applying the federal sentencing guidelines in effect in 1989 for a four-level enhancement finds defendant “otherwise used” the gun ...

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Insurance – Life Insurance Proceeds – ERISA – Preemption (access required)

An Alexandria U.S. District Court remands to Virginia state court this dispute between a woman whose divorce decree required husband to maintain their minor child as the beneficiary under his employee life insurance policy, and the husband’s brother who was ...

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Civil Procedure – Complete Diversity – LLC Joinder (access required)

A Massachusetts citizen who is suing individual members of a Virginia LLC that operates a Fairfield Inn (Mariott) Hotel in Chester, Virginia, has her suit alleging civil conspiracy and fraud dismissed by the Richmond U.S. District Court because the LLC ...

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Employment Discrimination – National Origin – Race – VDOT Manager (access required)

A black male naturalized U.S. citizen of Nigerian origin has his employment discrimination claim against the Virginia Department of Transportation dismissed by the Richmond U.S. District Court, as plaintiff failed to reapply for the position after VDOT posted it a ...

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Civil Procedure – Jurisdiction – Standing – Telecommunications Act (access required)

Plaintiffs Citizens Telecommunications Company of California Inc., which consists of local exchange carriers that provide local network facilities to long-distance carriers for call processing, do not have standing to sue defendant MCI Communications (Verizon) under a theory of unjust enrichment ...

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