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Monthly Archives: December 2010

Consumer Protection – TILA – Mortgage Loan – Rescission Right – Notice (access required)

A notice of right to rescind sent to a woman who refinanced her home satisfied the Truth in Lending Act with its statement that a $299 application fee would become non-refundable if she did not consummate the loan, and a ...

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Civil Rights – Eighth Amendment – Inmate Medical Treatment (access required)

An inmate at the Northern Neck Regional Jail has stated an Eighth Amendment claim under 42 U.S.C. § 1983 for deliberate indifference to his serious medical needs by alleging he has suffered permanent injury because was not referred for proper ...

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Intellectual Property – Copyright Infringement – Venue – Florida Lawsuit (access required)

A Virginia-based company that developed software for video transmission over the Internet, and had a contract with defendant Internet Technology Broadcasting Corporation, a Delaware company with its principal place of business in Florida, to develop software for the Department of ...

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Taxation – Employer Payroll Taxes – ‘Responsible Party’ (access required)

Plaintiff, the president and majority shareholder of a construction company that failed, is the “responsible party” under 26 U.S.C. § 6672 liable for trust fund taxes to cover income, social security and Medicare taxes from employee wages; the Alexandria U.S. ...

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Consumer Protection – Fair Credit Reporting Act – Credit Report Access (access required)

A plaintiff who alleges defendant employee of a mortgage company gained access to plaintiff’s credit report without plaintiff’s permission has her suit alleging violation of the Fair Credit Reporting Act dismissed by the Alexandria U.S. District Court because plaintiff does ...

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Insurance – D&O Policy – Shareholder Suit – Settlement – Kansas Law (access required)

Sprint Nextel is entitled to $15 million in excess insurance coverage under a D&O policy issued by plaintiff Houston Casualty Company, for Sprint’s $57.5 million settlement of a class action suit filed by shareholders against Sprint directors and officers claiming ...

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Employment Discrimination – Race – Retaliation v. RIF (access required)

Defendant Verizon South wins summary judgment in this Title VII and § 1981 employment discrimination suit filed by an African-American woman who lost her job as part of a reduction in force, but who claims she was terminated in retaliation ...

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Judge: ‘Twiqbal’ doesn’t apply to affirmative defenses (access required)

Breaking with other Virginia federal judges, Roanoke U.S. District Judge Samuel G. Wilson has ruled the stricter “plausibility” standard used to judge civil complaints does not apply to affirmative defenses. The heightened civil pleading standard derives from two U.S. Supreme ...

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