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Monthly Archives: May 2009

Civil Procedure – Default Judgment – Contract Interest Rate (access required)

A Richmond U.S. District Court grants default judgment to plaintiff lender, Chesapeake Fifth Avenue Partners LLC, on a loan of $1.9 million to defendant Somerset Walnut Hill LLC secured by two parcels of land, after defendant repaid no money under ...

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Employment – Contract – Alternate Remedies – Diet Meals (access required)

Plaintiff, a French citizen who after coming to the U.S. to work for a French subsidiary left to work for a customer’s business to create and market a line of diet meals, can sue his new employer for breach of ...

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Contract – Buyout Agreement – Sellers’ Release (access required)

A Sellers’ Release given by two partners who sold their shares in a construction company to the majority-owner third partner, bars the sellers company, which has gone through a number of name changes, from filing claims against the third partner ...

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Intellectual Property – Corporate Identity Theft – Attorney’s Fees (access required)

Under the 4th Circuit’s “somewhat higher” standard for awarding attorney’s fees for “exceptional” trademark and anti-cybersquatting violations, an Alexandria U.S. District Court says defendants’ intentional, deliberate and bad-faith conduct support an award of attorney’s fees, in addition to statutory damages ...

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Bankruptcy – Foreclosure Avoidance – Good Faith Buyer (access required)

A Richmond U.S. District Court affirms the bankruptcy court’s dismissal of the trustee’s challenge to defendant buyer who was a good-faith purchaser of debtors’ house when they faced foreclosure, and who had no notice that debtors were in bankruptcy proceedings. ...

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Criminal – Sentencing – Supervised Release Violation – Illegal Phone Records (access required)

The government cannot use illegal recordings of defendant’s phone conversations, made by his girlfriend, to sentence him for violation of his supervised release; the 4th Circuit rejects the 6th Circuit’s “clean hands” approach. Defendant was sentenced to 24 months imprisonment ...

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Immigration – Haitian Refugee Act – Child Status Protection Act (access required)

The 4th Circuit denies a Haitian citizen’s petition for review of the Board of Immigration Appeals’ denial of her application for adjustment of status and removal order; the appellate court upholds the BIA decision that the Child Protection Status Act, ...

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Insurance – Policy Coverage – CGL Policy – Torture Claims (access required)

A government contractor’s CGL policy does not cover claims by Iraqi nationals that they were abused and tortured by employees of the contractor, CACI International, and the 4th Circuit upholds summary judgment for defendant insurance carrier. CACI acknowledges that the ...

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Constitutional – Due Process – Fraternity Misconduct – Disciplinary Hearing (access required)

The 4th Circuit affirms summary judgment for defendant George Mason University officials in this suit by a Sigma Chi chapter that lost its university recognition status after a series of incidents involving underage drinking, sexual assault and alleged hazing. In ...

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