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Monthly Archives: February 2009

Bankruptcy – Plan Confirmation – Ch. 13 (access required)

A Roanoke U.S. Bankruptcy Court denies debtors’ third modified bankruptcy plan because it does no pay enough money for the benefit of unsecured creditors to satisfy the requirements of 11 U.S.C. §§ 1325(b) and 707(b)(2); the Chapter 13 Trustee’s contention ...

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Employment Discrimination – Title VII – Instructional Aide (access required)

A pro se plaintiff who alleges he was unfairly terminated from his position as a school instructional aide because he opposed the school system policy that forbade instructional personnel from hugging students, that allegedly was enforced only against male personnel, ...

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Civil Rights – Teacher Discipline – Exchange With Referee (access required)

An African-American special education teacher who was disciplined for using abusive language when she complained at a school basketball game about an African-American referee’s officiating, calling him “the N-word,” has not stated a complaint for violation of her civil rights, ...

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Real Estate – Sales Contract – Property Listing – RICO (access required)

A Charlottesville U.S. District Court declines to reconsider its earlier dismissal of plaintiff real estate investors’ RICO suit alleging a pattern of racketeering based on allegations that defendant real estate firm and agents for at least three years engaged in ...

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Wills & Trusts – Jurisdiction – Probate Exception (access required)

A Harrisonburg U.S. District Court dismisses this action by the executor of an estate seeking to determine the priorities of creditors asserting an interest in the estate, because under the probate exception to federal court jurisdiction, this case must be ...

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Hurricane damage causes mold in home in Suffolk – $475,000 Verdict (access required)

The home of Sandra Grant was damaged by wind and rain in Hurricane Isabel in September 2003. When she made a claim with her insurer, Augusta Mutual Insurance Company, she was advised to wait for an adjuster. By the time ...

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Civil Rights – First Amendment – Threat To Lawyer (access required)

A federal magistrate judge of the Norfolk U.S. District Court declines to order sanctions or a rule to show cause against a nonparty in this case, based on internet postings by the nonparty, white supremacist William A. White, directed at ...

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Contract – Consulting Fees – Election Of Remedies (access required)

After a bench trial, an Alexandria U.S. District Court orders defendant security company to pay plaintiff $230,400 because a contract at issue fell within the scope of defendant’s consulting agreement with plaintiff, when it failed to pay plaintiff 20 percent ...

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Electrical shock dislocates shoulders of repairman – Defense Verdict (access required)

The plaintiff, a married man in his mid-fifties, went to the emergency department of a community hospital by ambulance after he was shocked by a 220-volt volt current when changing a fuse in a dryer at a self-service laundry. The ...

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Insurance – Umbrella Policy – Gap Coverage – UIM Carrier (access required)

In this case in which an insured faces a $750,000 judgment from an auto accident p.i. case, for which the insured had auto liability bodily injury policy limits of $25,000, plus coverage under his father’s $1M umbrella policy, a Norfolk ...

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