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Monthly Archives: February 2010

Consumer Protection – Credit Report Use – FRCA (access required)

Applying Twombly and Iqbal, a Richmond U.S. District Court dismisses a plaintiff’s complaint that defendant Equity One violated the Fair Credit Reporting Act by illegally accessing plaintiff’s credit reports. According to the complaint, the inadequate data matching and public record ...

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Employment Discrimination – Building Manager – § 1981 Claim – Board Lawyer (access required)

An Alexandria U.S. District Court grants summary judgment to defendant, a lawyer for a condominium unit owners’ association, in this 42 U.S.C. § 1981 suit filed by an African-American building manager who alleges he was terminated because of his race. ...

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Wills & Trusts – Trust Assets – Arbitration – Texas Default Judgment (access required)

A Virginia sister fighting with her Texas brother over trust assets was offered her day in court in Texas, and the default judgment against her in a Texas proceeding to confirm the arbitration award that gave the brother an interest ...

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Insurance – Policy Coverage – Boarding House Fire – Business Exclusion (access required)

Although defendant Travelers Insurance paid for property damage from a fire under a homeowners policy, a Norfolk U.S. District Court says the policy’s Business Pursuits Exclusion and its Rental Exclusion preclude coverage for personal injuries to a renter who alleged ...

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Insurance – CGL Policy – Notice Delay – Prejudice To Carrier (access required)

A Richmond U.S. District Court grants plaintiff CGL carrier summary judgment and holds it has no duty to defend or indemnify defendant developer in a lawsuit presently pending in state court for alleged damages caused to adjacent property by land ...

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Insurance – Policy Coverage – Fire – Carpenter’s Van – ‘Use’ (access required)

A carpenter hired to do trim work on a home under construction was “using” his box van when he left it parked on the property, and a Newport News U.S. District Court says he has coverage under his State Farm ...

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Civil Procedure – Overseas Defendant – Substitute Service (access required)

In this action arising out of an alleged bid-rigging scheme among certain European and American companies with respect to rates charged to the U.S. government for transport of military personnel and their families to and from duty posts in Europe, ...

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Patient has pancreas removed after gall bladder operation – Defense Verdict (access required)

The plaintiff, then age 71, was admitted to Southampton Memorial Hospital on May 15, 2004. A diagnosis of gallstone pancreatitis was made and the defendant was consulted regarding a possible cholecystectomy. After consultation with a gastroenterologist, the defendant decided to ...

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Co-worker alleges former judge defamed her in bid to keep seat – $456,000 Verdict (access required)

A Williamsburg/James City County jury returned a $456,000 defamation and breach of contract verdict on Jan. 29 against former Newport News Circuit Court Judge Verbena Askew in favor of former Hampton/Newport News Drug Court Administrator Brenda Collins. Eight people (seven ...

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