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Home / 2009 / May (page 6)

Monthly Archives: May 2009

Civil Rights – School – IDEA – Autistic Student (access required)

Although an autistic student’s IDEA lawsuit no longer seeks placement at defendant Virginia Institute of Autism, from which the student was discharged after incidents of self-injury, the parents’ request for an alternative placement does not moot their claim that he ...

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Contract – Marketing Agreement – Swedish Agent’s Commission (access required)

A Swedish engineering consultant and his firm have stated a breach of contract claim against a Virginia company, Base-X, and one of its employees, by alleging Base-X failed to renegotiate a commission as required under a Marketing Agreement plaintiff had ...

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Civil Procedure – Discovery – Work-Product – Fire Investigation (access required)

In this dispute over Lloyd’s London’s denial of plaintiff’s coverage claim for fire damages on plaintiff’s property in Alta Vista, a Lynchburg U.S. District Court says the work-product privilege cannot protect documents created prior to the date Lloyd’s officially disclaimed ...

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Search & Seizure – Auto Search – Purse – Lockbox (access required)

The U.S. Supreme Court decision in Arizona v. Gant does not invalidate a police search of a passenger’s purse after the car’s driver consented to search of the car, and of a locked box in the car after police discovered ...

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Criminal – Threat Against VA Worker – ‘True Threat’ (access required)

Although defendant, a Vietnam veteran, argued that he did not make a “true threat” against the Veterans Administration employee who allegedly terminated his fee-basis medical care, an Abingdon U.S. District Court denies the vet’s motion for a new trial after ...

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Consumer Protection – TILA – Auto Loan – Line Of Credit (access required)

A car buyer wins a default judgment in the Lynchburg U.S. District Court, in this suit alleging violations of the Truth in Lending Act and the Virginia Consumer Finance Act, based on defendant lender having failed to respond to her ...

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Criminal – Habeas – Plea Withdrawal – Ineffective Assistance (access required)

A woman serving federal time on firearms and false statement convictions wins an evidentiary hearing from a Big Stone Gap U.S. District Court on her post-conviction claim that her lawyer was constitutionally ineffective when he advised her to withdraw her ...

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Negligence – Pizza Delivery Driver – Dead Battery (access required)

An Alexandria U.S. District Court refuses to order a new trial for a plaintiff injured in an auto accident when he collided with a vehicle that was attempting to drive around a stalled Pizza Hut delivery car, and ran a ...

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Products Liability – Expert Witness – Vehicle Lift – Fatal Accident (access required)

A Richmond U.S. District Court assesses each side’s expert reports in this products case arising from the death of a man who was using defendants’ two-post, surface-mounted vehicle lift, from which a Ford Ranger pickup truck fell onto the man, ...

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Contract – Construction – Written Change Order – Dental Building (access required)

A Newport News U.S. District Court says a construction contract’s forum selection clause does not control because the company’s fixed-price contract with defendants for construction of a dental building did not cover the contractor’s suit for compensation above the fixed ...

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