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Author Archives: Deborah Elkins

Consumer Protection – TILA – Mortgage Loan Rescission – Deposit Refund (access required)

Homeowners who changed their mind about refinancing lose their Truth-in-Lending claim against a lender who deducted credit report and appraisal costs from their $500 deposit; the 4th Circuit says the right to rescind under 15 U.S.C. § 1635(a) is available ...

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Contract – Repudiation – Election Of Remedies – W.Va. Law (access required)

A party’s repudiation of a contract that prompted the other party to sue and request specific performance does not preclude the non-repudiating party from claiming monetary damages under West Virginia law, and the 4th Circuit reverses a district court’s decision ...

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Civil Procedure – Removal – Timely Notice – Multiple Defendants (access required)

The 4th Circuit repudiates the “McKinney” rule as drawn from dicta in a 1992 case, and joins other federal circuit courts to adopt the “last-served” rule which gives each defendant, after service, 30 days to file a notice of removal ...

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Employment Discrimination – Title VII – Successor Defendant – Virginia Sheriff (access required)

A Virginia sheriff may be an independent constitutional sheriff, but a successor sheriff has to face a successful Title VII sexual harassment claim filed against her predecessor, the 4th Circuit says. Lespia King, a former deputy in the sheriff’s office ...

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Don’t talk, tweet, post or click

Would it have made any difference at Baltimore Mayor Sheila Dixon’s trial? Any difference, that is, if the court had had the benefit of proposed model jury instructions just out for federal judges that explicitly tell jurors to stay off ...

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Domestic Relations – Joint Custody – Couple’s Failure – Communication (access required)

Where husband can only communicate with wife by e-mail or text messaging, under a JDR court protective order, and he testified he prefers no dialogue with wife and not to communicate with her at all, a Loudoun County Circuit Court ...

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Corporate – Stock Transfer – Constructive Trust (access required)

A Richmond Circuit Court overrules defendant’s plea of the statute of limitations to this suit alleging that plaintiff’s attorney in act, acting under a power of attorney, illegally transferred title to stock of a corporation to defendant. Plaintiff seeks declaratory ...

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