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Monthly Archives: February 2010

Insurance – Dec Action – First-to-File Rule (access required)

In an insurer’s declaratory judgment action to determine a corporation’s liability insurance coverage for a personal injury claim, a Harrisonburg U.S. District Court denies the corporation’s motion to dismiss or transfer the action in consideration of a collateral dec action ...

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Consumer Protection – FDCPA – Injunctive Relief – Debt Cancellation (access required)

In a first-impression case, an Alexandria U.S. District Court says the FDCPA does not allow to a mortgage borrower as a private litigant injunctive and declaratory relief that can cancel or extinguish a debt as a remedy for violations of ...

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Criminal – Child Porn – Restitution – ‘Vicky’ Series (access required)

An Alexandria U.S. District Court orders a man found to have child pornography on his computer that has been traced to a particular juvenile victim whose sexual abuse by her biological father was photographed, filmed and widely distributed on the ...

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Too many John Grisham plots?

House Bill 1306 would require jurors to provide a Social Security, voter registration card or photo identification when they assemble for juror selection. If a juror doesn’t have the ID with him, he must sign “a statement affirming, under penalty ...

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Consumer Protection – TILA – Finance Charge – Notary Fee (access required)

A mortgage debtor has not stated a Truth-in-Lending claim against a mortgage lender based on the debtor’s bare assertion of an undisclosed finance charge as part of a $250 notary fee, which the bank claims is covered under the Special ...

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Civil Procedure – Jurisdiction – Abstention – Products Liability Coverage (access required)

A Richmond U.S. District Court refuses to abstain from hearing plaintiff Alfa Laval’s suit seeking a declaratory judgment that its insurance carrier has an obligation to defend and indemnify it under numerous CGL and excess indemnity umbrella policies for asbestos ...

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Civil Procedure – Removal – Defendants’ Consent – Forum Choice (access required)

An Alexandria U.S. District Court remands this case to state court; even though all defendants consented to removal, removal was defective because some defendants were contractually obligated to litigate in state court. The threshold issue in this removed diversity breach ...

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Criminal – Child Porn – Probation – Downward Departure (access required)

A district court did not demonstrate the reasonableness of its decision to order five years’ probation and a $3,000 fine for a defendant convicted of child pornography possession, instead of the 41-51 month advisory sentencing range for the offense, and ...

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Criminal – Sentencing – Crack-Powder Disparity – ‘Reasonableness’ Presumption (access required)

The 4th Circuit orders resentencing because a comment by the Virginia federal sentencing judge suggested he viewed the lower end of the sentencing guidelines as presumptively correct in a case involving crack cocaine and marijuana. Kinsey Cory Herder appeals his ...

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