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Monthly Archives: June 2011

‘Ineffective Assistance’ Claim Exists for Pre-Padilla Plea (access required)

A habeas petitioner gets an evidentiary hearing on his Strickland claim based on his assertion that he would not have pleaded guilty to misdemeanor drug possession had his lawyer not advised him the conviction would not affect his legal immigration ...

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Discovery Delay Penalty, But No Summary Judgment (access required)

A Norfolk Circuit Court will treat plaintiffs’ requests for admission as admitted by defendant, for defendant’s failure to timely respond to plaintiffs’ requests, but plaintiff is not entitled to summary judgment on its fraud and conversion claim, based on defendant’s ...

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No Chinese Drywall Coverage Under Policy Exclusions (access required)

A Virginia Beach Circuit Court says homeowners who allege damage to their property and their family’s health from installation of Chinese drywall in their home built in 2005 are not entitled to coverage under their homeowners’ policy, as their losses ...

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Confession Of Judgment With No Affidavit Set Aside (access required)

A Fairfax Circuit Court sets aside a confessed judgment against guarantors of a business loan by plaintiff bank, because an affidavit was not filed simultaneously with the confession of judgment, as explicitly required by the language of the guaranties. The ...

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No Dismissal for Inadvertent Destruction of Drug (access required)

A Fairfax Circuit Court refuses to dismiss a felony drug distribution charge because of the inadvertent destruction of the cocaine allegedly sold by defendant and seized by police. Failure to preserve potentially useful evidence does not violate due process unless ...

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Business Has No ‘Disparate Impact’ ECOA Claim (access required)

Even if the court recognized a “disparate impact” claim against a commercial lender under Virginia’s Equal Credit Opportunity Act, plaintiffs, a businessman of Indian descent and his four medical businesses, have not stated such a claim against defendant Wells Fargo, ...

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