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Monthly Archives: July 2009

Civil Procedure – Default Judgment – Equipment Lease (access required)

Plaintiff assignee of an equipment lease agreement for an industrial knife grinder is entitled to default judgment in its suit alleging default on the lease agreement, to which defendant lessee and guarantor have failed to timely respond a Lynchburg U.S. ...

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Civil Procedure – Jurisdiction – Patent Infringement – Prescription Drug (access required)

Plaintiff pharmaceutical company that has spent $40 million to develop a pain medication, ALO-01, containing naltrexone, which prevents a potential drug abuser from experiencing euphoria caused by the opiate, can sue defendant drug company in a declaratory judgment action asking ...

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Employment – ERISA – Disability Benefits – Overpayment Recoupment (access required)

Although a plan administrator has reasonably interpreted the plan to allow deduction of the value of a disabled miner’s union pension from his monthly disability benefit, an Abingdon U.S. District Court says that equitable considerations prevent the plan from recouping ...

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Employment – Tort – Wrongful Termination – Defamation (access required)

Even though a former bank employee has failed to provide a copy of an e-mail allegedly sent by her supervisor to co-workers, she can try her claim that the bank defamed her by sending an e-mail to the coworkers stating ...

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Negligence – Slip & Fall – Continuance – Discovery Extension (access required)

Defendant Wal-Mart cannot preemptively exclude plaintiff’s putative proposed expert reports and her medical bills and records at trial of plaintiff’s suit alleging injuries from a fall on an unmarked wet floor; a magistrate judge for the Richmond U.S. District Court ...

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Civil Procedure – Res Judicata – Unlawful Detainer Challenge (access required)

A homeowner who defaulted on a loan, who is suing the bank that found her in default on her loan, has her suit for damages dismissed by a magistrate judge of the Richmond U.S. District Court because res judicata bars ...

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Criminal – Supervised Release – Fugitive Defendant (access required)

A defendant’s period of supervised release was tolled during the 13-year period he was a fugitive, an Alexandria U.S. District Court says in this case of first impression in the 4th Circuit, and the court has jurisdiction to consider defendant’s ...

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Criminal – Sentencing – Bank Robbery Spree – Upward Departure (access required)

Based upon defendant’s bank robbery spree – 16 banks in eight separate states over a 75-day period, yielding almost $198,000, beginning one week after defendant’s release from prison – a Richmond U.S. District Court concludes this case is atypical and ...

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Commercial – Fraud – Defaulting Borrower – Troubled Restaurant (access required)

An investment fund that bought a government-backed loan used for a beach restaurant can sue the bank that sold it the loan for fraud, based on allegations that the bank knew the borrower had failed to repay a prior loan, ...

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Civil Procedure – Removal – Complete Diversity – Arbitration (access required)

A podiatry center that sued a business software company for failure to provide technical support under its contracts loses its motion to remand the suit to state court, as defendant company has demonstrated complete diversity, and the Norfolk U.S. District ...

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