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Monthly Archives: October 2010

Waiver proposal leads bill of fare at Boyd-Graves (access required)

Waivers of personal jurisdiction are supposed to be “knowing and intentional.” But Virginia circuit courts do not follow a uniform practice in applying that standard, according to members of the Boyd-Graves Conference. Some courts have held that a defendant has ...

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Civil Procedure – Venue – Transfer – FCRA (access required)

A Maryland resident who mailed letters from Maryland complaining about credit reports has her suit alleging violations of the Fair Credit Reporting Act transferred by a Richmond U.S. District Court to a federal court in Maryland, upon defendants’ motion. The ...

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Employment – Whistleblower Claim – SOX – Payroll Complaint (access required)

A former employee of a government contractor has not stated a claim under the Sarbanes-Oxley Act with allegations that she was terminated for pursuing issues concerning her missing payroll, federal, state, social security and Medicare taxation; the Alexandria U.S. District ...

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Civil Procedure – Personal Jurisdiction – Transacting Business – Fraudulent Invoices (access required)

A Richmond U.S. District Court has personal jurisdiction over defendants, non-Virginia entities and individuals, who allegedly engaged in a scheme to defraud plaintiff Chesapeake Bank out of hundreds of thousands of dollars by submitting fraudulent invoices for their business of ...

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Wills & Trusts – Trust Asset Distribution – Limitations – Laches (access required)

A plaintiff who is unhappy with defendant Bank of America’s handling of a marital trust of plaintiff’s mother, to be distributed to plaintiff and his sister after the mother’s death in 2003, has waited too late to pursue his claims ...

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Contract – Loan – Servicing – Portfolio Transfer – Effective Date (access required)

Although plaintiff bank was disappointed in its expectations to take over servicing of a 46,000-loan portfolio under its contract with Freddie Mac, after another federal court issued a TRO that prevented transfer of the loan portfolio, plaintiff cannot claim any ...

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Civil Rights – Negligence – State-Created Danger Theory (access required)

An Alexandria U.S. District Court dismisses this suit filed by a man who alleging he was rebuffed by an unidentified police officer from whom plaintiff, a bystander to a criminal attack, sought help before plaintiff was shot five times and ...

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Attorneys – Motion To Disqualify – Former Prosecutor (access required)

In this libel and conspiracy action filed against defendant Lyndon LaRouche, his political action committee and other defendants, an Alexandria U.S. District Court grants defendants’ motion to disqualify as plaintiff’s counsel the lawyer who, as a former assistant U.S. attorney, ...

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