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Monthly Archives: November 2008

Civil Procedure – Settlement Enforcement – Jurisdiction (access required)

A Richmond U.S. District Court dismisses plaintiff airline’s motion to enforce a settlement agreement with defendant aviation service; the Richmond court lacks subject matter jurisdiction because the court’s order dismissing the suit did not incorporate the parties’ settlement agreement. On ...

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Civil Procedure – Class Certification – Condo Purchase Rescission – Interstate Land Disclosure Act (access required)

An Alexandria U.S. District Court denies class certification under Fed. R. Civ. P. 23 of a class to include all individuals who contracted to buy a condominium from defendant Merrifield Town Center Ltd. Partnership, which has been subjected to multiple ...

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Civil Procedure – Personal Jurisdiction – Drug Manufacture – Conspiracy Claim (access required)

In a Virginia drug company’s suit against a non-Virginia company being sued on an agreement to manufacture and distribute two generic drugs, a Richmond U.S. District Court does not have personal jurisdiction over two defendants under Virginia’s long-arm statute based ...

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Employment – ERISA – Disability Benefits – Appeal Notice (access required)

The 4th Circuit upholds summary judgment finding that an employee disability plan violated ERISA when it failed to provide an appeal notice in its second termination letter, which for the first time cited the plan’s pre-existing condition limitation as the ...

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Employment Discrimination – Title VII – Air Traffic Controller – Hostile Environment (access required)

A female air traffic controller gets another shot at proving her “hostile environment” case because the district court erred in refusing to consider affidavits from her coworkers about conduct plaintiff did not personally witness; the 4th Circuit reverses summary judgment ...

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Criminal – Indictment – Legislative Immunity (access required)

A sitting U.S. Congressman must face trial on criminal charges as the 4th Circuit rejects his claim that the grand jury was improperly presented with evidence of his legislative acts, causing his indictment to contravene the legislative immunity provided to ...

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Real Estate – Contract – Deposit With Auctioneer

A real estate buyer proved fraud by showing defendant auctioneer put the buyer’s deposits in a trust account and promptly wrote checks covering his own expenses for much of those funds; a Norfolk Circuit Court awards the buyer $10,000 in ...

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