Employment – ERISA – Pension Benefits – Exhaustion 
By Deborah Elkins
Published: July 28, 2008
A participant in the Boeing Company’s pension plan who sought benefits in the form of a surviving spouse option and who objected to a reduction in his benefits for the pension fund’s collection of an alleged overpayment of benefits, cannot pursue his ERISA claim because he failed to exhaust his administrative remedies, an Alexandria U.S. [...]
Contract – Government Contract – UCITA – Pay-If-Paid Clause
By Deborah Elkins
Published: July 28, 2008
A government subcontractor cannot collect for software it marketed to the National Security Agency and tried to get the agency to buy through defendant prime contractor, under either the controlling “pay if paid” language of the subcontract, or under the Uniform Computer Information Transaction Act, Va. Code § 59.1-501.3, an Alexandria U.S. District Court holds.
Plaintiff [...]
Commercial – Loan Guaranty – Arbitration – Demand By Party
By Deborah Elkins
Published: July 28, 2008
A borrower and the guarantor of its $1.1 million loan from Wachovia Bank lose their demand that the Richmond U.S. District Court dismiss Wachovia’s suits to enforce the promissory note and the guaranty because the promissory note and guaranty require a party to demand arbitration, and neither party has made such a demand.
Wachovia acknowledges that [...]
Insurance – Policy Coverage – CGL – Torture Claims
By Deborah Elkins
Published: July 28, 2008
A government contractor’s commercial general liability policy does not provide coverage against claims by Iraqi nationals that they were abused and tortured by employees of the contractor, and the Alexandria U.S. District Court grants summary judgment to defendant insurance carrier.
The contractor agreed to provide interrogators and screeners to assist with military intelligence operations in Iraq. [...]
Bankruptcy – Plan Confirmation – Ch. 13 – Auto Purchase – ‘Hanging Paragraph’
By Deborah Elkins
Published: July 28, 2008
In these appeals of decisions on proposed Chapter 13 plans that cover vehicle transactions that include “negative equity” and such extra expenses as extended warranties, insurance and registration, and titling and licensing fees, the Richmond U.S. District Court holds that the creditors maintain a purchase money security interest in the “negative equity” but not in [...]
Employment Discrimination – Retaliation – Housing Sales Manager – Secret Shoppers
By Deborah Elkins
Published: July 28, 2008
A housing sales manager who alleges pregnancy discrimination and retaliation loses her Title VII suit when the Alexandria U.S. District Court grants summary judgment to defendant employer who used professional shoppers as one means to document the manager’s unsatisfactory job performance.
Defendant Comstock Homes of Washington LC builds, markets and sells single-family homes, townhouses and condos [...]
Labor – ERISA – Union Pension Contributions
By Deborah Elkins
Published: July 28, 2008
In a default judgment, an Alexandria U.S. District Court should order defendant employer to pay liquidated damages and attorney’s fees to plaintiff trustees of the Plumbers & Pipefitters National Pension Fund, for violating the federal ERISA law and the parties’ collective bargaining agreement by failing to make certain defined contributions to the Fund, in the [...]
Intellectual Property – Consumer Web Site – Auto Dealer Feedback – Immunity
By Deborah Elkins
Published: July 28, 2008
A car dealership cannot sue a consumer Web site on which shoppers posted negative experiences for defamation and tortious interference with business expectancy; an Alexandria U.S. District Court holds, on defendant’s motion to dismiss, that defendant Consumeraffairs. com Inc., has immunity from suit under the Communications Decency Act because the statements at issue came from [...]
Consumer Protection – Arbitration – Credit Increase Limit – Request Denial
By Deborah Elkins
Published: July 28, 2008
Under an arbitration agreement in plaintiff’s credit application, the Richmond U.S. District Court gets to decide the validity and enforcement of any waiver of the applicant’s right to pursue any class action, but the court upholds the waiver, and plaintiff is left to arbitrate her individual claim that defendant bank violated the Equal Credit Opportunity [...]
Consumer Protection – Personal Jurisdiction – Va. Long-Arm Statute – Correspondence
By Deborah Elkins
Published: July 28, 2008
A Richmond U.S. District Court has jurisdiction over defendant law firms that allegedly offered fraudulent debt reduction services in this suit filed by Capital One Bank, based on the firms’ correspondence sent into Virginia.
The complaint notes that over 8,000 letters were sent by the law firm defendants to plaintiffs’ offices nationwide, and Defendants have collectively [...]
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