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Monthly Archives: March 2013

CGL Excludes Performance Related Claims (access required)

In homeowners’ action under the commercial general liability policy of a bankrupt construction contractor, the Richmond U.S. District Court grants insurer summary judgment: homeowners’ asserted grounds of relief—fraud, misrepresentation and breach of contract—are all performance-related and expressly excluded under policy ...

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Hostile Environment Allegations Insufficient (access required)

The Richmond U.S. District Court dismisses with prejudice a pro se Virginia State University (VSU) professor’s hostile work environment claim arising out the reduction of her 2007 annual salary offer from $72,500 to $65,000; her Equal Pay Act (“EPA”) claim ...

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Allegations Insufficient on Race and Sex (access required)

The Richmond U.S. District Court dismisses pro se employee’s Title VII claims for race and sex discrimination and retaliation; employee fails to allege either discrimination or any adverse employment action; her complaints of conflicting instructions, close supervision, a late paycheck ...

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Nonprofit Lacks Standing (access required)

The Alexandria U.S. District Court dismisses a nonprofit’s suit against the Environmental Protection Agency (EPA) alleging violation of regulations governing human experimentation: nonprofit show no final action required for subject matter jurisdiction under the Administrative Process Act and National Research ...

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Teacher Can’t Suppress Child Pornography Statements (access required)

The Alexandria U.S. District Court denies a graduate teaching student’s motion to suppress statements made to federal investigators in two interviews four hours apart, the second after a computer forensic review and signed waiver of Miranda rights; although federal agents ...

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Foreclosed Borrower’s Claim Proceeds (access required)

The Richmond U.S. District Court allows foreclosed borrowers’ action to proceed against lender on allegations lender breached deed of trust conditions requiring compliance with a federal regulation requiring a personal face-to-face interview; borrower’s other claims are dismissed. In October 2008, ...

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Despite $500 jury award, judge gives consumer lawyer $8K in fees (access required)

A Virginia consumer lawyer says a judge’s hefty fee award in an otherwise small-value used car case will encourage lawyers to stand up for consumers even when the stakes are small. Loudoun County Circuit Judge Thomas D. Horne awarded $8,000 ...

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