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Daily Archives: April 27, 2009

Civil Procedure – Rule 11 Sanctions – Foreclosure – Attorney’s Fees (access required)

Homeowners who lost their suit attempting to forestall foreclosure by defendant bank through a bankruptcy proceeding do not have to pay the mortgage company’s attorney’s fees under 28 U.S.C. § 1927, but a Richmond U.S. District Court says they do ...

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Corporate – Derivative Suit – Surety Claim – Standing (access required)

Because injuries allegedly suffered by defendants who signed a surety agreement covering loans made to their corporate entity, were suffered directly by the corporation, and only derivatively, if at all, by defendants, they cannot bring counterclaims for damage to an ...

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Consumer Protection – Mortgage Loan – RESPA – FDCPA – Damages (access required)

In plaintiffs’ suit alleging defendant mortgage lender violated the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act by failing to properly credit payments on their mortgage loan, plaintiffs can claim damages for emotional distress, as well ...

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Negligence – Airport Wheelchair Request – Air Carriers Access Act (access required)

A woman who bought an airline ticket for her mother with some assurance of wheelchair assistance at the airport, can sue the airline for negligence for her mother’s injuries from a fall at the Richmond airport when she was “abandoned” ...

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Employment – Noncompetes – Proprietary Information – Accounting Software (access required)

In this dispute between plaintiff Deltek Inc. and three former employees who allegedly formed a competing company, Iuovo, an Alexandria U.S. District Court issues a preliminary injunction to stop defendants from using Deltek’s trademarked name in its Web site promotions, ...

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Immigration – Successive Asylum Application – Changed Circumstances (access required)

The 4th Circuit upholds a Board of Immigration Appeals final order dismissing a Chinese national’s successive application for asylum filed almost eight years after she filed her initial asylum application, joining the eight other federal courts of appeal that have ...

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Intellectual Property – Student Papers – Plagiarism Web Site (access required)

A proprietary Web site, “Turnitin,” used by schools to screen student papers for plagiarism, does not violate federal copyright law by digitally archiving papers turned in by students, and the 4th Circuit affirms summary judgment for defendant company under the ...

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Criminal – Habeas Corpus – Va. Death-Row Inmate – COA (access required)

The 4th Circuit affirms denial of a writ of habeas corpus to a Virginia death-row inmate who raped or attempted to rape, and murdered a young woman, and raped, stabbed and strangled her younger sister, who survived the ordeal. Paul ...

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Administrative – Gun Control Act – Firearms Dealer – License Revocation (access required)

On substantial evidence that a gun dealer willfully committed hundreds of violations of federal firearms regulations, after a history of previous violations, the 4th Circuit upholds revocation of a dealer’s license by the Bureau of Alcohol, Tobacco, Firearms & Explosives. ...

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