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Monthly Archives: October 2010

Dissociative identity disorder in Fairfax

The Fairfax Bar Association’s convention last week at The Tides Inn in Irvington provided an opportunity for banter and good humor not always present when one of the county’s 15 circuit judges is in earshot. At least one was in ...

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Civil Procedure – Res Judicata – Patent Infringement (access required)

A Kentucky inmate’s patent infringement action against defendant patent attorney, involving the inmate’s claim that he invented “The Portable Liquid Sanitation Cart” for safe collection of biohazard wastes, which defendant lawyer allegedly offered for sale on his own website, is ...

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Employment Discrimination – Race – Hostile Environment – Racial Slur (access required)

A Danville U.S. District Court has no jurisdiction to hear plaintiff’s unlawful retaliation claim, which alleges he was fired two days after defendant company responded to plaintiff’s EEOC complaint about defendant’s foreman calling him a “house n__,” because the pro ...

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Employment – ERISA – Long-Term Disability – Overpayment Recovery (access required)

A Roanoke U.S. District Court says the Federal Express long-term disability plan is entitled to recover $41,329.40 in long-term disability benefits that it overpaid to plaintiff as a result of his failure to report his receipt of Social Security disability ...

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Insurance – ERISA – Life Insurance Proceeds – Interpleader (access required)

A Harrisonburg U.S. District Court grants default judgment to plaintiff insurance carrier in this interpleader action concerning distribution of $25,000 in life insurance benefits under an employee group policy upon the death of the employee’s wife, when the employee is ...

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Bankruptcy – Peanut Corporation – Salmonella Claims – Settlement (access required)

A Lynchburg U.S. District Court adopts a magistrate judge’s report and recommendation and approves claim amounts and authorizes pro rata distributions from a fund created to compensate persons with Salmonella claims against the Peanut Corporation of America. All counsel of ...

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Environmental – Clean Water Act – Wastewater Discharge – Historic Preservation Act (access required)

A Charlottesville U.S. District Court grants defendant Environmental Protection Agency’s motion to dismiss plaintiff Historic Green Springs Inc.’s challenge to issuance of a permit that allegedly allowed discharge of treated sewage into an impoundment of a creek. Historic Green Springs ...

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Evidence – Hearsay – Rule 807 – Business Records (access required)

In a suit by investors against the business manager of their wood products business, an Abingdon U.S. District Court grants defendants’ motion in limine to exclude certain hearsay evidence under the residual exception in Fed. R. Evid. 807. Plaintiffs, investors ...

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