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Monthly Archives: September 2010

Negligence – Tractor-Trailer Accident – Punitive Damages (access required)

In this wrongful death suit arising from the collision of an 18-wheel tractor-trailer with a 2005 Dodge Grand Caravan on I-81in Wythe County, an Abingdon U.S. District Court dismisses plaintiffs’ negligent hiring claim, but lets the claim for punitive damages ...

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Conrad is chief judge in Western District

Roanoke U.S. District Judge Glen Conrad is now chief judge for the Western District of Virginia. A federal statute required the change when Judge James Jones reached the age of 70 this year. Conrad ascended to the chief judge’s post ...

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Need a letter of recommendation? Watch who you ask.

College seniors working on their applications to law school should choose wisely when deciding who to ask for a letter of recommendation. With all the detail work needed for the rest of the application, the requests for recommendations might seem ...

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Trucker takes the Fifth in wrongful death case (access required)

A long-haul truck driver sued for wrongful death after a collision on Interstate 81 can invoke his Fifth Amendment privilege and refuse to answer questions in the personal injury action, an Abingdon federal court says. The accident happened on a ...

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VWAA honors ‘Diversity Leaders’

The Virginia Women Attorneys Association will honor three “Leaders in Diversity Initiatives” at its biennial conference at the Kingsmill Resort outside Williamsburg on Oct. 1-2. For their success in promoting diversity in the bench and bar, the VWAA will honor ...

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Bankruptcy – Real Estate – Transfer Avoidance – ‘Commencement’ (access required)

An English trustee seeking a Hampton, Va., real estate interest of a citizen of the UK who was adjudged bankrupt in England cannot get the Newport News U.S. District Court to “avoid” a transfer of the Hampton property by debtor ...

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Consumer Protection – TILA – Refinancing – Assignee Liability (access required)

A Norfolk U.S. District Court grants defendants’ motion to dismiss plaintiff borrower’s Truth-in-Lending Act claims arising from her “refinance credit transaction,” but will allow plaintiff the chance to amend her complaint to allege a claim against Wachovia that the transaction ...

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Employment Discrimination – PTO Employee – Promotion (access required)

A 62-year-old Caucasian male who allegedly lost out on a promotion at the Office of Patent Publication that went to a 36-year-old Asian female cannot pursue his Title VII discrimination claims, says an Alexandria U.S. District Court, as the court ...

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Contract – Statute Of Frauds – Equitable Estoppel (access required)

On remand from the 4th Circuit, a Richmond U.S. District Court says defendants, a medical practice and a hospital, are not equitably estopped from asserting the statute of frauds against plaintiff’s breach of contract claim, because plaintiff knew he had ...

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Real Estate – Quiet Title Action – Foreclosure Avoidance (access required)

A homeowner in default on two notes executed to refinance her mortgage cannot undo foreclosure on her home with her claims that noteholders cannot enforce these instruments; the so-called “split” of the deeds of trust from the promissory notes does ...

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