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Home / 2009 / June (page 32)

Monthly Archives: June 2009

Civil Procedure – Post-Removal Amendment – Diversity (access required)

In this suit filed by a Virginia corporation against defendant Texas corporation with whom the Virginia company formed a partnership as a joint venture to pursue government contract work, an Alexandria U.S. District Court will allow plaintiff to amend its ...

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Traffic Offenses – National Park – Driver’s License – Truck Restriction – Cocaine (access required)

An Alexandria U.S. District Court upholds defendant’s conviction by the magistrate judge of driving without a valid driver’s license on George Washington Memorial Parkway and failure to comply with a posted “No Trucks” sign, as well as criminal convictions for ...

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Employment – ERISA – Disability & Pension Plans – Overpayments (access required)

A board for longshore workers’ disability and pension plans can sue defendant for overpayments allegedly received under the terms of the two plans by defendant, who had entered into a workers’ comp settlement; a Norfolk U.S. District Court says the ...

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Real Estate – Title Insurance – Surety Bond – CRESPA (access required)

A title insurance company that had to pay a claim to a refi-lender who lost money after an agent of the title insurer diverted loan payoff funds and the property went through foreclosure, can sue its surety for breach of ...

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Bankruptcy – Preferential Transfer – Real Estate – Ex-Wife’s Trust (access required)

On interlocutory appeal of a bankruptcy trustee’s adversary proceeding to avoid transfer of a Chapter 7 debtor’s real estate interests to his ex-wife, an Alexandria U.S. District Court affirms the bankruptcy court’s decision allowing the trustee to avoid the preferential ...

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Civil Procedure – Jurisdictional Amount – Medical Bills – Remand (access required)

A Richmond U.S. District Court remands to Virginia state court this negligence action against defendant Wal-Mart Stores East because defendant has done no more than assert that plaintiff could amend his suit seeking $74,900 in damages, including $63,964.92 in medical ...

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Employment – Polygraph Test – Employee Protection Act Violation (access required)

An employee who alleges he was fired one day after employer required him to take a polygraph test that purportedly showed “deception” wins partial summary judgment on employer’s liability for wrongfully requesting and referring to the polygraph in violation of ...

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Civil Rights – Online Land Records – Privacy Right – SSNs (access required)

A Richmond U.S. District Court holds that Va. Code § 59.1-443.2 is unconstitutional and cannot be applied to the Web site of a privacy-rights advocate who has used her Web site to post SSNs of certain legislators and clerks of ...

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Environmental – Surface Coal Mining – Stream Fill Permits (access required)

The 4th Circuit denies rehearing and rehearing en banc in this challenge by plaintiff environmental groups to the U.S. Army Corps of Engineers’ issuance of four permits allowing filling of West Virginia stream waters in conjunction with area surface coal ...

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