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Monthly Archives: April 2010

Products Liability – Constructive Fraud – Express Warranty – Grinder (access required)

A Lynchburg U.S. District Court grants summary judgment to defendant manufacturer of a Peterson HC 6700B Grinder on plaintiff lumber company’s claim for breach of express warranty, as the manufacturer exceeded its obligations under the warranty by offering a motor ...

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Civil Procedure – Complaint Amendment – Rule 71 (access required)

Because the Charlottesville U.S. District Court thought allowing plaintiff Columbia Gas Transmission to proceed under its amended complaint without a motion and hearing would result in dismissal of its condemnation action as to pieces of defendants’ property in a manner ...

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Civil Rights – First Amendment – Reporter – School Ban – Attorney’s Fees (access required)

An Abingdon U.S. District Court declines to reduce an award of attorney’s fees for plaintiff, a reporter banned from entering school property because his coverage criticized the school administration, on defendant school board’s objection to fees for pursuit of claims ...

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Civil Procedure – Amended Response – New Allegations (access required)

Although plaintiff’s amended complaint alleges new facts to support claims of business conspiracy, plaintiff’s theories of recovery and the scope of the allegations have remained consistent throughout the litigation, and the Lynchburg U.S. District Court says defendant is not entitled ...

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Criminal – Habeas – Predicate Conviction Challenge (access required)

An Abingdon U.S. District Court denies defendant’s post-conviction motion under 28 U.S.C. § 2255 challenging use of a prior conviction to determine his status as a career offender; even if defendant had not been a career offender, his 360-month sentence ...

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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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