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Monthly Archives: February 2010

Bruce M. Marshall (access required)

Bruce Montgomery Marshall, managing director of the Richmond law firm of DurretteBradshaw PLC, died Feb. 4 from cancer. He was 58. A descendant of U.S. Chief Justice John Marshall, Mr. Marshall was a graduate of St. Christopher’s School, the University ...

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David C. Kohler (access required)

David C. Kohler, a law professor at the Southwestern University law school in Los Angeles and a former partner at Christian & Barton in Richmond, died Oct. 15 of colorectal cancer. He was 56. Mr. Kohler was born in Richmond ...

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Insurance -Policy Coverage – Cancer Treatment – S.C. Statutory Change (access required)

Where plaintiff cancer patients won their earlier class action suit demanding defendant insurance carriers pay as “actual charges” of treatment the full amount billed, not the amount received, by medical providers, defendant insurance carriers cannot take advantage of a new ...

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Fewer civil cases go to juries due to cost (access required)

(AP) Two years ago, Norfolk businessman Eric Stevens was broadsided by a motorist who ran a red light. After surgery for a ruptured disc and other medical costs, he filed a lawsuit and entered the world of civil litigation. Two ...

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Criminal – Tax Fraud – Sentence – Loss Calculation (access required)

In sentencing defendant for tax and wire fraud, a district court erred in calculating the tax loss from a non-random sample of audited returns, but the error was harmless and the 4th Circuit affirms defendant tax preparer’s conviction and his ...

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Consumer Protection – TILA – Mortgage Loan Rescission – Deposit Refund (access required)

Homeowners who changed their mind about refinancing lose their Truth-in-Lending claim against a lender who deducted credit report and appraisal costs from their $500 deposit; the 4th Circuit says the right to rescind under 15 U.S.C. § 1635(a) is available ...

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Contract – Repudiation – Election Of Remedies – W.Va. Law (access required)

A party’s repudiation of a contract that prompted the other party to sue and request specific performance does not preclude the non-repudiating party from claiming monetary damages under West Virginia law, and the 4th Circuit reverses a district court’s decision ...

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Civil Procedure – Removal – Timely Notice – Multiple Defendants (access required)

The 4th Circuit repudiates the “McKinney” rule as drawn from dicta in a 1992 case, and joins other federal circuit courts to adopt the “last-served” rule which gives each defendant, after service, 30 days to file a notice of removal ...

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