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Monthly Archives: May 2010

Negligence – Tractor-Trailer Accident – Eyewitness Account (access required)

Although defendant Heartland Express trucking company denies involvement in an accident in which a tractor-trailer proceeded through a construction site, catching a worker adjusting traffic lights from a bucket truck and breaking his ankles, an eyewitness told police it was ...

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Civil Procedure – Jurisdiction – Abstention – Construction Loan Note (access required)

A Harrisonburg U.S. District Court denies a developer’s motion to dismiss or stay plaintiff bank’s action to recover on a note and deed of trust for two construction loans personally guaranteed by the developer, for a local real estate development, ...

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Negligence – Wrongful Death – Iqbal Standard – Tractor-Trailer Accident (access required)

An Abingdon U.S. District Court says Iqbal applies to state-law claims in federal complaints, and dismisses claims for reckless acts, negligent entrustment, negligent hiring and supervision and punitive damages, in this wrongful death action filed by administrators for a father ...

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Criminal – Habeas – Ineffective Assistance – Appeal Notice (access required)

A lawyer’s advice to his clients about an appeal being a possible breach of the plea agreement that could result in a longer sentence, while not technically correct, nevertheless correctly informed the client that an appeal ultimately could result in ...

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Insurance – Policy Coverage – Legal Malpractice – Timely Notice (access required)

A legal malpractice carrier cannot deny coverage to a lawyer who did not call his carrier until after his former divorce client filed suit, and the Richmond U.S. District Court upholds the jury verdict for the lawyer in his policy ...

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Intellectual Property – Patent Infringement – Magic Bullet (access required)

Noting defendant Hamilton Beach Brands’ assertion that plaintiff Sunbeam Products’ Dec. 23, 2009, suit alleging infringement of patents related to the Magic Bullet(R) product were “strategically” timed to “ruin their holidays,” a Richmond U.S. District Court denies defendants’ motion to ...

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Search & Seizure Administrative – Subpoena – Hydroponic Marijuana – Electric Bills (access required)

An Amelia County resident had no privacy rights in electricity usage records for his residence subpoenaed by the DEA from Dominion Power, when the DEA was investigating suspected hydroponic cultivation of marijuana in or near the resident’s home after the ...

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