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Daily Archives: October 26, 2009

Banks & Banking – Certificates Of Deposit – Payout – Presentment (access required)

A bank cannot rebut a customers’ claim for payment based upon presentment of three CDs purchased in 1995 and discovered in a home safe in 2008, by claiming the customers’ teenage son must have cashed in the CDs, and plaintiff ...

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Civil Procedure – Corporate Plaintiff – Pro Se Status (access required)

The president of a corporation who alleges copyright violations related to her company’s software for the Virginia Criminal Codes Database System cannot bring a pro se action on behalf of the corporation, and a Richmond U.S. District Court dismisses her ...

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Civil Procedure – Venue – Immigration – Status Adjustment (access required)

An Alexandria U.S. District Court transfers venue to the District of Nebraska in this administrative appeal against the Department of Homeland Security arising from an application for adjustment of immigration status. In his amended complaint, plaintiff requests that the court ...

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Mass reported as benign, later found to be malignant – $500,000 Settlement (access required)

The plaintiff detected a lump in her right breast that also was identified by mammogram. The defendant obstetrician/gynecologist identified it as a palpable 2cm mass, performed a fine needle aspiration (FNA) and ordered a breast ultrasound. The lab reported that ...

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Labor – Contract – Pilots’ Union – Grievance (access required)

An Alexandria U.S. District Court grants defendant airlines’ motion to dismiss a complaint by a pilots’ union alleging that the Railway Labor Act requires defendants to create a multi-carrier board of adjustment to hear grievances relating to flow-through rights for ...

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Negligence – Slip & Fall – Mopping Store Floor (access required)

A slip-and-fall plaintiff gets a jury trial on her claim that defendant Food Lion’s employee failed to place warning or caution signs or cones in an area he was mopping, or that had just been mopped; a magistrate judge for ...

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Tort – Business Torts – Government Contractor (access required)

A government IT contractor cannot sue defendant competitor for tortious interference with contract because the purchase orders at issue were at-will and contained no non-solicitation clauses that prohibited defendant from soliciting plaintiff’s personnel, and an Alexandria U.S. District Court dismisses ...

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Criminal – Threat Against FBI – Supervised Release Conditions (access required)

The 4th Circuit upholds defendant’s conviction for threatening federal officials for calls he made to the Fredericksburg, Va., FBI office threatening to mutilate or kill FBI personnel unless they paid him; but the court vacates the special conditions imposed by ...

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