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Monthly Archives: June 2010

A good argument

Every year for the past few years, some delegate or senator has introduced a bill in the General Assembly to outlaw texting while driving. In 2010, one of the measures was House Bill 212, which, once the Assembly convened, was ...

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Negligence – Premises Liability – Slip & Fall – Damage Claim – Removal (access required)

A plaintiff who claims injuries from falling backwards over a flatbed merchandise cart at defendant home improvements store is allowed to amend his complaint to reduce his ad damnum from $3 million to $74,500, but a Norfolk U.S. District Court ...

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Real Estate – Secondary Mortgage Market – Fraud – Agency (access required)

Wells Fargo, who was defrauded by a mortgage originator who sold it “original” mortgages, cannot collect from defendant title insurance company on Wells Fargo’s claims under CRESPA, or under theories that a party acting at settlement had actual or apparent ...

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Civil Procedure – Discovery – Qui Tam Suit – Bid Rigging Claim (access required)

The Alexandria U.S. District Court vacates the magistrate judge’s order granting defendant contractor’s motion to compel discovery and remands the matter for further consideration with respect to the privileges asserted by the government, including whether some of all of the ...

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Civil Procedure – Discovery – Qui Tam Suit (access required)

Defendant government contractor’s grounds for refusing to respond to the relators’ discovery requests in this False Claims Act suit lack any foundation, and the Alexandria U.S. District Court magistrate judge rejects defendant’s contention that the government’s intervention on all three ...

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Consumer Protection – FCRA – Credit Report – Same Name, Different Person (access required)

A plaintiff named “Edward Fiscella” has no right under the Fair Credit Reporting Act to demand that defendant Intelius Inc. make changes to a credit report on a different person named “Edward Fiscella,” who is of a different race and ...

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Intellectual Property – Markman Hearing – Credit Accounts Program (access required)

In Walker Digital LLC’s patent infringement suit against Capital One Services LLC, an Alexandria U.S. District Court issues its decision construing certain terms after the court’s hearing in accordance with Markman v. Westview Instruments Inc., 517 U.S. 370 (1996). The ...

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Real Estate – Refinance – Surety Bond – Closing Protection Letters (access required)

Where a homeowner refinanced his property through two loans from SunTrust, with a title insurance policy from First Alliance Title, underwritten by First American Title Insurance, but First Alliance’s president diverted funds SunTrust designated to pay off the original mortgage, ...

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Insurance – Policy – Coverage – Chinese Drywall – Venue Transfer (access required)

A Richmond U.S. District Court denies a defendant homeowner’s motion to transfer venue in this insurance carrier’s action for a declaratory judgment that it has no obligation to cover a condo developer, Overlook LLC, faced with a lawsuit by a ...

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