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Monthly Archives: August 2012

No Diversity Jurisdiction in Insured’s Suit (access required)

The Richmond U.S. District Court grants insurance reciprocal’s motion to dismiss for lack of diversity homeowner’s action to recover $500,000 under a partial settlement with insured homebuilder; the weight of authority holds that a reciprocal has citizenship wherever it has ...

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Broker’s Bad Faith Counterclaim Proceeds (access required)

The Richmond U.S. District Court denies mortgage lender’s motion to dismiss broker’s counterclaim seeking damages and attorney’s fees for breach of the implied duty of good faith and fair dealing; broker sufficiently pleads an agreement, breach and injury based on ...

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Magistrate’s Discovery Sanctions Sustained (access required)

The magistrate judge properly sanctioned the United States $24,363 for evasive discovery tactics, the Norfolk U.S. District Court says. United States sued tugboat owner. During pretrial discovery, the United States delayed producing documents integral to tugboat owner’s defense.  Tugboat owner ...

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