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Monthly Archives: October 2010

Insurance – UIM Coverage – Stacking – Policy Limits (access required)

A Richmond U.S. District Court measures a UM/UIM policy’s “Limits of Liability” against Virginia Supreme Court precedents, and grants summary judgment to defendant insurance carrier, holding that an injured young woman’s grandparents’ auto liability policy provides $100,000 in UM/UIM coverage, ...

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Search & Seizure – Arrest Warrant – Third-Party Apartment Search (access required)

Although police entered an apartment they saw defendant flee to as they attempted to execute an arrest warrant for defendant, their entry did not violate the Fourth Amendment, says a Richmond U.S. District Court. When officers enter a third party’s ...

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Civil Procedure – Discovery – FOIA Request – Army Criminal Investigation (access required)

An Alexandria U.S. District Court grants an additional 90-day stay to defendant U.S. Army Criminal Investigation Command to respond to plaintiff law firm’s FOIA request for documents related to an Army criminal investigation of its clients, as the split timing ...

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Administrative – Telecommunications Act – Cell Phone Tower – School Grounds (access required)

A Newport News U.S. District Court refuses to dismiss plaintiff T-Mobile’s suit alleging the Newport News City Council violated the Telecommunications Act of 1996 when it unlawfully denied T-Mobile’s application for a conditional use permit to build a communication tower ...

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Civil Procedure – Venue – Forum Selection Clause (access required)

Although the parties’ forum selection clause in their equipment lease provides they “agree” to jurisdiction and venue of federal and state courts in Monroe County, New York, a Richmond U.S. District Court says this is a permissive, not a mandatory, ...

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Labor – FLSA – Overtime Pay – Collective Action Status (access required)

An Alexandria U.S. District Court grants plaintiffs’ motion for Collective Action Status in their suit for overtime pay under the Fair Labor Standards Act against defendant plumbing company. Plaintiffs assert they and other laborers were not paid overtime wages for ...

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Civil Procedure – Remand – Asbestos Suit – Contractor Immunity Defense (access required)

A Norfolk U.S. District Court remands to state court a woman’s asbestos lawsuit, which was removed from state court upon discovery that the asbestos exposure stemmed from her father’s work on Navy vessels, as defendants have not alleged a causal ...

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Products Liability – Negligent Design – Fraud – Prempro Drug – Breast Cancer (access required)

In plaintiff’s suit alleging the hormone therapy drug Prempro caused her breast cancer, an Alexandria U.S. District Court denies summary judgment to defendant manufacturer on plaintiff’s claim for negligent design defect; the court grants summary judgment for Wyeth on plaintiff’s ...

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