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Monthly Archives: September 2008

Real Estate – Title Insurance – Refinance – Closing Protection Letter (access required)

In plaintiff borrower’s suit against defendant title company, plaintiff has no coverage from the title company as a “third party beneficiary” under a Closing Protection Letter the title company issued to her lender, a Richmond U.S. District Court magistrate judge ...

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Failure to disclose fuse box not grounds for denying claim – $310,000 Verdict (access required)

Rockingham filed declaratory judgment action to avoid coverage on the basis of alleged material misrepresentations in the application for insurance. The alleged misrepresentations centered on a denial in the application that the home was equipped with fuses as opposed to ...

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Contract – Mailing List – Confidentiality – Limitations (access required)

A mortgage lender whose contracts with a mailing list broker included confidentiality clauses, and who suspected a former employee of the lender of setting up a competing company and using the same mailing list customer criteria developed by plaintiff lender, ...

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Employment Discrimination – Title VII – Race – Equitable Tolling (access required)

An African-American female district manager for the Division of Child Support Enforcement, who was fired at the end of her 12-month probationary period, has the time limit for filing her suit “equitably tolled,” but an Alexandria U.S. District Court says ...

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Criminal – Sentencing – Firearm Enhancement – Drug Crime (access required)

In sentencing defendant for cocaine conspiracy, a Richmond U.S. District Court can impose a two-level firearm enhancement based on statements in a presentence investigative report by confidential sources who said they saw defendant in possession of crack cocaine and a ...

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Three insurers participate in settlement of crash claims – $1,100,000 Settlement (access required)

Plaintiff sustained serious and life-threatening injuries in an accident in Leesburg while operating a truck on behalf of his employer. Defendant ran through a stop sign and struck plaintiff’s vehicle, causing plaintiff to be ejected from his truck. Defendant denied ...

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Civil Procedure – Venue – Failed Real Estate Venture (access required)

Plaintiff investors’ suit alleging defendant bank breached contractual and fiduciary duties in failing to return certain investment funds will be transferred to the Western District by the Richmond U.S. District Court. This matter revolves around a failed real estate venture. ...

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