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Home / 2009 / February (page 27)

Monthly Archives: February 2009

Environmental – Groundwater Contamination – Indemnification (access required)

A Richmond U.S. District Court interprets contract language in a 1996 agreement and its 2006 amendment that allocate liability for remediation of contamination of groundwater contamination at a Richmond manufacturing facility formerly owned by Lucent Technologies Inc. The narrow issue ...

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Medical Malpractice – Administrative Claim – Stay (access required)

A Norfolk U.S. District Court finds plaintiff, who alleges negligence leading to permanent injury after an emergency c-section, has satisfied the expert certification requirement of Va. Code § 8.01-20.1, and also grants plaintiff’s motion to stay her med-mal action against ...

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Civil Procedure – Removal Notice – Auto Accident – Remand (access required)

In this auto accident p.i. case against General Motors and other defendants for injuries plaintiff’s son suffered, a Richmond U.S. District Court grants plaintiff’s motion to remand the case to state court. Plaintiff has sued GM, Freedman Seating Company, Union ...

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Civil Procedure – Dec Action – Airplane Crash – Engine Manufacturer (access required)

A Richmond U.S. District Court dismisses an airplane engine manufacturer’s declaratory judgment action against the estate of a man who was killed in a plane crash in Charlottesville in 2006, and whose widow as the administrator of his estate retained ...

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Employment – Polygraph Test – Termination – Arbitration (access required)

An employee who alleges he was fired one day after requiring him to take a polygraph test that purportedly showed “deception” has stated a claim under the Employee Polygraph Protection Act, 29 U.S.C. § 201, a Richmond U.S. District Court ...

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Civil Procedure – Removal Jurisdiction – Remand – Complete Diversity (access required)

A $2M products liability suit filed by plaintiff estate is remanded to state court, as the Alexandria U.S. District Court declines to apply equitable tolling of the time limit for removal in 28 U.S.C. § 1446(b) to prevent plaintiff from ...

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Intellectual Property – Patent Infringement – Table-Tennis Table (access required)

In plaintiff’s suit alleging defendants, Escalade Sports and Sears Roebuck, have infringed on plaintiff’s patent for a table-tennis table, a Norfolk U.S. District Court denies defendant Escalade’s motion to stay this cause pending action on its request for reexamination of ...

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Real Estate – Mortgage Default – TILA – RESPA – Limitations (access required)

A Norfolk U.S. District Court accepts the magistrate judge’s recommendation to dismiss this pro se suit filed by homeowners against defendant Global Equity Lending Inc., alleging violations of the Truth in Lending Act, the Real Estate Settlement Practices Act and ...

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Real Estate – Mortgage Default – TILA – RESPA – Limitations (access required)

A Norfolk U.S. District Court magistrate judge recommends dismissal of this pro se suit filed by homeowners against defendant Professional Foreclosure Corporation of Virginia, alleging violations of the Truth in Lending Act, the Real Estate Settlement Practices Act and the ...

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