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Monthly Archives: February 2009

Consumer Protection – TILA – Adjustable Rate Mortgage – Limitations (access required)

An Alexandria U.S. District Court says a mortgage lender wins summary judgment in a pro se plaintiff’s suit alleging the lender violated the Truth in Lending Act when the lender’s agent allegedly falsely represented to plaintiff that, notwithstanding contrary statements ...

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Criminal – Congressman Indictment – Bribery – Conspiracy (access required)

In this prosecution of a U.S. Congressman from Louisiana for multiple counts of wire fraud, bribery, conspiracy, money laundering, foreign corrupt practices and racketeering, an Alexandria U.S. District Court offers defendant judicial assistance to determine whether two foreign witnesses in ...

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Criminal – Juvenile Prosecution – Transfer Order (access required)

In this interlocutory appeal, the 4th Circuit affirms a Maryland federal district court’s 2007 order transferring defendant, age 17 at the time of his 2005 arrest, for prosecution as an adult in the District of Maryland. In his appeal, defendant ...

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Contract – Arbitration – Waiver After Litigation (access required)

The 4th Circuit says a defendant modular home contractor waived its right to compel arbitration of a buyer’s warranty claims because the contractor waited until the eve of trial to assert the arbitration clause, after two years of pretrial motions ...

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Employment – ERISA – Information Request – Limitations (access required)

A South Carolina woman who alleged an ERISA violation under 29 U.S.C. § 1132(c) for defendant plan’s failure to provide information she requested has three years to sue, not one year, the 4th Circuit says as it vacates a district ...

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Traffic Offenses – DUI – Intoxication – Controlled Substances (access required)

A driver cannot overturn her DUI conviction by claiming Va. Code § 18.2-266 does not cover intoxication from controlled drugs that she admittedly ingested, but only from alcohol, and the Court of Appeals affirms her conviction for causing serious and ...

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