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Monthly Archives: August 2009

Ethanol plant on schedule despite contaminated soil (access required)

HOPEWELL—The builder of a proposed $150 million ethanol plant in Hopewell said the discovery of contaminated soil at the construction site will not slow the construction schedule. The contaminated soil has been collected and now sits in piles at the ...

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Contract – Trespass To Chattels – Tube Transport (access required)

Plaintiff company that hired defendant to transport tube bundles owned by plaintiff from Pennsylvania to Maryland, but allegedly suffered damages of $192,073 when one of the bundles fell off the truck , cannot recover under a theory of trespass to ...

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Civil Procedure – Removal – Forum Selection Clause – FMLA Leave (access required)

An employer whose forum selection clause specifies jurisdiction in Norfolk Circuit Court cannot remove to federal court an employee suit alleging violation of the Family Medical Leave Act, based on federal jurisdiction, and a Norfolk U.S. District Court magistrate judge ...

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Black Caucus endorses Deeds; McDonnell gets Realtor backing (access required)

Democrat Creigh Deeds and Republican Bob McDonnell each picked up endorsements they needed in their race for governor last week. Deeds won the backing of the Legislative Black Caucus. The support of African-American members of the Virginia House and Senate ...

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Fairfax bar official wins award from national bar organization (access required)

Yvonne McGhee, executive director of the Fairfax Bar Association, has been recognized by the National Association of Bar Executives for her work with the association’s Small Bar Conference and as a member of the NABE board of directors and on ...

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New capital defenders named in Hampton Roads, Northern Va. (access required)

New capital defenders have been named for Hampton Roads and Northern Virginia. Douglas A. Ramseur, a deputy capital defender in the central Virginia office from 2002 to 2006 before moving to a similar position in Georgia, will head the Hampton ...

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DNA training sessions set (access required)

The Virginia State Bar has set training sessions for lawyers planning to help in a pro bono effort to notify convicts about the discovery of DNA evidence related to their charges. The first session is Wednesday, Sept. 9, in the ...

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Labor – Overtime Pay – FLSA – ‘Complaint Clause’ (access required)

A lab technician who alleges she was fired after she and other employees complained to the company COO that their supervisor was routinely altering timecards to delete overtime hours cannot state a claim under the “complaint clause” of the FLSA’a ...

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Contract – Commercial Construction – Mechanic’s Lien – Slander Of Title (access required)

In this ongoing dispute between a developer and a contractor in this $92 million condominium project in Arlington, although the developer prevailed in the contractor’s suit to enforce two mechanic’s liens against the project, an Alexandria U.S. District Court says ...

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Consumer Protection – TILA – Rescission Right – Refinancing (access required)

Although it’s an open question in the 4th Circuit whether a TILA violation allows a borrower to rescind a mortgage loan even after she has refinanced, a Richmond U.S. District Court says a borrower can’t test that theory because the ...

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