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Monthly Archives: September 2010

Consumer Protection – Fraud – ECOA – Fair Credit Reporting Act (access required)

An Alexandria U.S. District Court awards plaintiff home buyer $750 in statutory damages for her claim that the lender violated the Fair Credit Reporting Act when it failed to provide sufficient notice of the denial of credit because she filed ...

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Wise County judge resigns

Wise County Circuit Judge Joseph R. Carico resigned last Thursday, according to a Supreme Court of Virginia spokeswoman. His two colleagues on the 30th Circuit bench announced in early June that Carico would not be hearing cases until further notice, ...

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A “show cause” can be a good thing (access required)

Lawyers with cases on appeal to the Supreme Court of Virginia may get a “Rule to Show Cause.” The rule is nothing like the one the court issued recently to a Winchester lawyer who suggested the court “didn’t have the ...

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Insurance – Policy Coverage – Tenant’s Mold Claim (access required)

A residential tenant suing for health problems from mold in his apartment cannot recover from the landlord’s CGL policy, and a Richmond U.S. District Court grants summary judgment to the carrier in this dec action against the landlord. The tenant ...

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Employment Discrimination – Age – Discovery – E-Mails – Personnel Records (access required)

A 60-year-old former public information director suing a school board after it promoted her younger male assistant to her job wins her motion to compel production of certain e-mails, personnel files and performance reviews, and material related to the RIF ...

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Negligence – Firehouse Pole – Firefighter Injury – Statute Of Repose (access required)

A firefighter cannot sue for personal injuries suffered when a firehouse pole platform, installed in January 1999, collapsed in 2006, as the steel platform and pole are “ordinary building materials,” not “equipment, machinery or other article,” and the Supreme Court ...

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Civil Procedure – Jurisdiction – Standing – Legal Notice Publication (access required)

A circuit court did not have subject matter jurisdiction to determine whether a newspaper meets the requirements of Va. Code § 8.01-324(A) for the publication of legal notices and to enter an ex parte order ruling on that subject, the ...

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