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Monthly Archives: April 2009

Civil Procedure – Request For Vacatur – Settlement (access required)

Although the parties have agreed to settle their dispute, conditioned on this court’s vacatur of an earlier decision in the matter, the Richmond U.S. District Court declines to vacate its earlier opinion dismissing with prejudice all of plaintiff lawyer’s claims ...

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Civil Rights – Malicious Prosecution – False Arrest (access required)

A Richmond U.S. District Court says a lawyer has no claim against defendant, a Middlesex County wetlands administrator, for malicious prosecution and false arrest based on issuance of a summons charging the lawyer as a property owner with performing work ...

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Municipal – Transportation Ordinance – Bulk Ethanol Shipments (access required)

An Alexandria U.S. District Court says a City of Alexandria ordinance that purports to regulate the bulk transportation of ethanol, a hazardous material, as applied to plaintiff Norfolk Southern Railway, is preempted by federal law and is invalid. The ordinance ...

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Civil Procedure – Recusal Request – Bias Inference (access required)

A Richmond U.S. District Court’s dismissal with prejudice of plaintiff homeowners’ suit against a mortgage lender that foreclosed on their property did not provide a basis for the district court judge to recuse himself from the case, and the court ...

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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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