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Monthly Archives: December 2012

No Legal Malpractice from Med-Mal Settlement (access required)

Although plaintiff blames defendant law firm that formerly represented him for an unsatisfactory settlement of his medical malpractice suit because the firm ultimately withdrew from representation after his first attorney left the firm, the Roanoke U.S. District Court dismisses plaintiff’s ...

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No Insurance Coverage for Cancer Non-Disclosure (access required)

A widow cannot collect on her husband’s life insurance policy because she failed to disclose his diagnosis of metastasized pancreatic cancer when he applied for insurance, and the Roanoke U.S. District Court grants judgment on the pleadings to defendant insurance ...

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Hearing Ordered on ‘Actual Innocence’ Claim (access required)

A Roanoke U.S. District Court orders an evidentiary hearing on the question of whether petitioner has made a gateway showing of actual innocence sufficient to excuse the procedural default of certain constitutional claims in the murder-for-hire of petitioner’s girlfriend. The ...

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Employee Fired for Lie on Job Application (access required)

Although a female construction site “helper” claims her marriage to a coworker was annulled before she applied to work for the construction firm, the firm nevertheless could conclude she still was “related to” him under the company’s broad rules about ...

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Deli Manager Can’t Show Bias in Discharge (access required)

A Charlottesville U.S. District Court grants summary judgment to employer, a Kroger store, in this suit alleging race discrimination filed by an African-American employee who was deli manager when the company terminated his 29-year career based on its discovery that ...

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Forum Selection Clause Mandates Texas Transfer (access required)

A Charlottesville U.S. District Court orders a transfer of venue to the Southern District of Texas, Houston Division, in a construction company’s breach of contract suit against a Houston-based materials company over construction of a metal office building in Culpeper, ...

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Candidates seek endorsement for J&DR judgeship

Six attorneys are seeking election to the seat of retiring Charlottesville Juvenile and Domestic Relations Judge Dwight Johnson. The candidates came before the Charlottesville-Albemarle Bar Association Monday night, The Daily Progress reports. They are: David B. Franzen, a Charlottesville attorney ...

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