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Monthly Archives: April 2010

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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Domestic Relations – Equitable Distribution – Debt – Presumptions (access required)

Virginia’s equitable distribution statute does not create a presumption that debt incurred by an individual during a marriage is marital debt, the Supreme Court of Virginia holds in reversing the trial court and the Virginia Court of Appeals. Husband incurred ...

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Real Estate – Easement – Right of Way – Railroad – Abandonment (access required)

A 1909 agreement and deed conveyed a fee simple interest and not just a right of way to Norfolk & Western Railway Company, the Supreme Court of Virginia rules in affirming the lower court’s rejection of a property owner’s claim ...

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