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Monthly Archives: August 2010

Judge urges settlement in JMU default case

The judge hearing a claim by a New York college that James Madison University unfairly raided basketball recruits when JMU lured its head coach has urged the two sides to settle, according to a spokesman for the New York school. ...

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Insurance – Policy Coverage – CGL Policy – ‘Total Pollution Exclusion’ (access required)

A Lynchburg U.S. District Court says an insurance company cannot invoke a CGL policy’s “Total Pollution Exclusion” to avoid defending a developer who allegedly allowed water, sediment and debris to damage a lake near a residential development. The owner of ...

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Employment Discrimination – Sex – Affirmative Defense – Twiqbal Standard (access required)

A woman who alleges gender discrimination in her discharge from her job as a milker at defendant dairy succeeds in striking affirmative defenses pleaded by employer that do not meet the pleading standard under Twombly and Iqbal. Defendants asserted 18 ...

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Clients of disbarred attorney to share in receiver’s funds

Former clients of disbarred Roanoke bankruptcy attorney Ann Marie Miller will receive an average of 20 cents on the dollar for their claims under a plan generally approved by Roanoke Circuit Judge Clifford Weckstein. Roanoke lawyer Chip Magee, the receiver ...

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Morrissey seeks law license reinstatement (access required)

Joseph D. Morrissey, the former Richmond commonwealth’s attorney and now Henrico County delegate, has petitioned the Virginia State Bar to have his license to practice law reinstated. The VSB Disciplinary Board revoked Morrissey’s license in May 2003 after it had ...

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Contract – Unjust Enrichment – AdWords Program – Trademark (access required)

An Alexandria U.S. District Court says Rosetta Stone, a language-learning software company, cannot recover damages from Google on a claim for unjust enrichment alleging that Google actively assists third-party advertisers to mislead consumers and misappropriate Rosetta Stone’s trademarks in its ...

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Contract – False Claims Act – Medicare/Medicaid Billing Regs (access required)

An anesthesiologist formerly employed at defendant urology practice has failed to state a claim under the False Claims Act for the practice’s alleged false billing for Medicaid and Medicare patients, a Richmond U.S. District Court says; at most, she alleges ...

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