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Daily Archives: April 21, 2010

Civil Procedure – Complete Diversity – Remand (access required)

A Charlottesville U.S. District Court denies plaintiffs’ motion to remand this case to state court, as defendant gas company has demonstrated that it has converted its corporate status to limited liability company whose sole member is a Delaware corporation. Plaintiffs, ...

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Consumer Protection – FDCPA – Auto Loan – Repossession (access required)

A finance company wins summary judgment on an FDCPA claim filed by a woman who says she received harassing phone calls about her husband’s auto loan, because the finance company was attempting to collect its own debt, not acting as ...

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Consumer Protection – Credit Report – Slow Notice – Proposed Settlement (access required)

Bank of America says it just wants to buy peace from future Fair Credit Reporting Act lawsuits filed by consumer advocates, but a Harrisonburg U.S. District Court says a nearly $10M proposed settlement is “fundamentally flawed” because it purports to ...

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Criminal – Ineffective Assistance – Appeal Consultation Right – Sentence Enhancement (access required)

A lawyer for a defendant charged with cocaine and firearm offenses failed to consult with defendant about the pros and cons of a straight plea or an appeal of a sentencing enhancement for prior convictions, but only predicted an appeal ...

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Negligence – Rescue Doctrine – Victim’s Intoxication – Rescuer’s Conduct (access required)

Where a victim-defendant was placed in peril through his own negligence and a would-be-rescuer-plaintiff was injured trying to aid the victim, the Supreme Court of Virginia holds that evidence of the victim’s intoxication was properly excluded as irrelevant and immaterial ...

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Negligence – Moonlighting Officer – Fatal Shooting – Public Function (access required)

Where an off-duty city police officer providing security at an IHOP restaurant followed customers into the parking lot because they had not paid for their food, and then shot and killed one of them as their car sped toward him, ...

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