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Monthly Archives: July 2008

Contract – Government Contract – UCITA – Pay-If-Paid Clause (access required)

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 ...

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Commercial – Loan Guaranty – Arbitration – Demand By Party (access required)

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 ...

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Insurance – Policy Coverage – CGL – Torture Claims (access required)

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. ...

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Bankruptcy – Plan Confirmation – Ch. 13 – Auto Purchase – ‘Hanging Paragraph’ (access required)

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 ...

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Employment Discrimination – Retaliation – Housing Sales Manager – Secret Shoppers (access required)

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 ...

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Labor – ERISA – Union Pension Contributions (access required)

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’ ...

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Intellectual Property – Consumer Web Site – Auto Dealer Feedback – Immunity (access required)

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 ...

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Consumer Protection – Arbitration – Credit Increase Limit – Request Denial (access required)

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 ...

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Prince Wm. couple gets $310K for synthetic stucco problems (access required)

A Prince William County jury has returned a $310,000 verdict for a couple who contended that they were told their new home would be built with a drainable exterior insulation and finish system (EIFS). In fact, the house was built ...

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