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Monthly Archives: July 2008

Bacterial infection strikes assisted-living facility – $250,000 Settlement (access required)

In early 2005, several residents of an assisted-living facility became infected with group A streptococcus bacteria. Despite the severe and invasive nature of the bacteria, the facility did not test other residents or staff for the presence of bacteria. Further, ...

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Parking lot accident requires hip replacement – $275,000 Settlement (access required)

Plaintiff was struck by the defendant’s vehicle as she was standing beside her vehicle in a shopping center parking lot putting items into her trunk. The impact dislocated a recently revised hip replacement that required additional hip replacement surgery. The ...

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Civil Procedure – Class Action Fairness Act – Jurisdictional Amount – Wireless ‘Bundling’ Service (access required)

The 4th Circuit says a West Virginia district court erred in remanding to state court a consumer class action alleging that AT&T unlawfully “bundled” services by automatically charging each wireless telephone customer a monthly charge for roadside assistance, on the ...

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Patient fractures neck in nursing home fall – Confidential Settlement (access required)

A nursing home resident had a history of wandering around the facility and especially following staff as they worked their shifts. On the day of the accident, a certified nurse assistant was taking another resident into the shower room, and ...

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Criminal – Illegal Reentry – Sentencing – Prior Drug Offense (access required)

In this appeal of a sentence for illegal reentry after deportation for an aggravated felony, the 4th Circuit upholds a district court’s decision to aggregate defendant’s three prior felony drug-trafficking convictions – all of which were committed on the same ...

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Trucker disabled by collision on I-295 – $850,000 Settlement (access required)

On Jan. 13, 2005, defendant Sundip Patel was traveling northbound on I-295 in a Lexus SUV when he lost control of the vehicle, which slammed into a guardrail and then bounced back onto the road and struck a tractor-trailer operated ...

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Negligence – Accounting Firm – Bank Officer Job (access required)

An accounting firm cannot be liable in negligence under West Virginia law to a bank manager who alleges he accepted a job as president of the First National Bank of Keystone based on the accounting firm’s negligent misrepresentations of the ...

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Labor – Election Loss – Unfair Labor Practices (access required)

A customer service provider for major ocean carriers must bargain with a longshoremen’s local that lost an election for representation, based on findings of the National Labor Relations Board that the company committed unfair labor practices when it unlawfully interrogated ...

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