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Monthly Archives: November 2010

Civil Procedure – Late Filing – Excusable Neglect (access required)

Although plaintiff hand-delivered to the defense law firm’s office his response to defendant’s motion to dismiss, the certificate of service and CM/ECF date of service stated the response was filed three days later, and a Richmond U.S District Court says ...

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Creditor’s Rights – Equipment Leases – Default – Insolvency – FRE 408 (access required)

A Richmond U.S. District Court grants summary judgment to plaintiff financial services company against a defendant who admits defaulting on multiple equipment leases, for a balance due of over $1.4 million. Plaintiff company alleges defendant has not made monthly payments ...

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Civil Procedure – Venue – Patent Case – First-Filed Rule (access required)

A Richmond U.S. District Court applies the “first-filed” rule to transfer this patent infringement case to a New York federal court. On June 29, 2010, plaintiff Fox Group Inc. filed this patent infringement action against Dow Corning and Cree, two ...

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Extraordinary writs argued in immigration cases (access required)

Wellyn Flores Chan appears to be a good candidate to have an extraordinary writ granted on her behalf, but the Supreme Court of Virginia appeared to think yesterday that the writs she received may be a bit too extraordinary. Chan ...

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Insurance – Policy Coverage – Duty To Defend – Attorney’s Fees (access required)

A homeowner’s association wins $217,309 in attorney’s fees and costs to cover the costs of defending an underlying civil action filed by a unit owner about the HOA disclosure packet, which defendant insurance carrier should have defended on behalf of ...

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Consumer Protection – FDCPA – Foreclosure – ‘Debt Collector’ (access required)

A plaintiff cannot sue defendant Commonwealth Trustees LLC for alleged violations of the Fair Debt Collection Practices Act for its efforts to foreclosure on plaintiff’s home because defendant is not a “debt collector” as defined in the FDCPA, says a ...

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Employment Discrimination – EEOC Complaint – Relation Back (access required)

A woman who alleges similar acts of retaliation, including assignment of her work to co-workers and denial of a pay increase, both before and after she notified employer that she had filed an EEOC charge alleging age and race discrimination, ...

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Law firm not required to indemnify carrier for Medicare shortfall (access required)

A law firm settling a personal injury claim does not have to indemnify an insurance company for any potential shortfall owed to Medicare, a Richmond circuit judge has ruled. The case highlights the latest skirmish to develop since the federal ...

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