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Monthly Archives: July 2010

Bankruptcy Claim – Classification – Final Order – Circuit City (access required)

A contractor may appeal a bankruptcy court decision classifying the contractor’s claim as one for services, not goods, says a Richmond U.S. District Court. Appellant Schimenti Construction LLC is a contractor specializing in construction and remodeling of various types of ...

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Civil Procedure – Discovery – E-Mail Exchange – Work-Product Doctrine (access required)

In this litigation involving trade secrets and conspiracy allegations, an Alexandria U.S. District Court says the “common interest” rule does not protect an e-mail exchange that was not a communication to or from an attorney, and the communication about the ...

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Civil Procedure – Discovery – Attorney’s Fees (access required)

After granting defendant’s motion to compel, an Alexandria U.S. District Court awards defendant’s lawyer attorney’s fees, based on Northern Virginia rates, not New York rates. Defendant’s attorney represents that the hourly rates for him and his New York attorneys and ...

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Admiralty – Jurisdiction – Propane Tank Explosion – Maritime Connection (access required)

A contractor who alleges injuries from the explosion of a ship’s propane tank as he refilled it on land for a commercial fishing operation can pursue his claim in Richmond U.S. District Court, as the court has subject matter jurisdiction ...

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Consumer Protection – TILA – Mortgage Refinancing – Rescission Right (access required)

A Richmond U.S. District Court dismisses a homeowner’s complaint alleging defendant lender failed to meet its disclosure obligations under the Truth in Lending Act when it provided him with forms for a new credit application instead of a refinancing, which ...

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Contract – Indemnity – Contribution – Shipping Accident (access required)

After a bench trial of a broker’s third-party complaint for indemnity and contribution against defendant Daily Express Inc., whose drivers transported two tube bundles from Pennsylvania to Maryland for plaintiff Dominion Resource Services Inc., who won damages from broker 5K ...

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Contract – Restrictive Covenant – Auto Service Station (access required)

Applying a 1905 Virginia case, an Alexandria U.S. District Court refuses to enforce a restrictive covenant as part of a Purchase Sale Agreement that prohibited a service station owner from selling certain non-BP branded products or offering certain automotive services. ...

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Civil Procedure – Venue Transfer – Builder Insurance – Chinese Drywall (access required)

A Richmond U.S. District Court declines to transfer venue to the Eastern District of Louisiana of an insurance company’s declaratory judgment action denying coverage to a developer on a resident’s claim for damages arising from the use of Chinese drywall ...

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