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Monthly Archives: September 2010

Real Estate – Foreclosure – Authority To Act (access required)

A borrower cannot avoid foreclosure on his property with arguments that the entities seeking to foreclose do not have the necessary authority, according to the Alexandria U.S. District Court. Plaintiffs’ assertions that none of the defendants “has authority under the ...

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Contract – Airport Services – Ground Sublease – Noncompete – Attorney’s Fees (access required)

An Alexandria U.S. District Court awards attorney’s fees and costs to plaintiff in this lawsuit in which plaintiff, a “Fixed Base Operator” of airport concessions and services for noncommercial aviation industries, sues defendant competitor; the court says defendant’s conduct under ...

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Employment Discrimination – Disability – Mental Illness – Bipolar Disorder (access required)

Although plaintiff, a former software salesman, alleges he suffers from bipolar disorder, he has failed to properly allege that this impairment substantially limits him in a major life activity, and an Alexandria U.S. District Court dismisses his employment discrimination suit ...

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Real Estate – Foreclosure – Fiduciary Duty (access required)

Finding that “numerous other judges in this court have already addressed the exact same legal issues in thorough memorandum opinions and orders,” an Alexandria U.S. District Court orders judgment for defendants in their effort to foreclose on plaintiff’s property. Specifically, ...

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Real Estate – Foreclosure – ‘Quiet Title’ Claim – Amendment (access required)

A borrower who sues under the Fair Debt Collection Practices Act and to quiet title in his home, which has been foreclosed upon, should not be allowed to file an amended complaint, recommends a magistrate judge for the Alexandria U.S. ...

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Consumer Protection – TILA – Finance Charge Disclosure (access required)

A plaintiff who alleges defendant’s loan disclosure statement violated the TILA because it materially understated the loan’s finance charge and annual percentage rate has the TILA claim dismissed by a Norfolk U.S. District Court, which says the plain language of ...

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Contract – False Claims Act – Student Loans – Public Disclosure Bar (access required)

Former telemarketers who solicited applications for consolidation of government-backed student loans have not stated claims under the False Claims Act based on defendants’ alleged preferred lender agreements, exit counseling program and bonus payments to employees, according to a Richmond U.S. ...

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Bomb threats disrupt courts in Hampton Roads

Court business was on hold for a few hours Tuesday morning in Hampton, Portsmouth, and Newport News. State courts there were evacuated and searched in response to a telephone bomb threat directed at all three localities, reports the Daily Press. ...

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