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Author Archives: Deborah Elkins

Mortgage Lender Could Force-Place Insurance (access required)

A bank wins summary judgment in Alexandria U.S. District Court in a mortgage borrower’s suit alleging the bank breached the mortgage agreement by improperly crediting payments timely made by plaintiff and improperly charging plaintiff for force-placed insurance even though plaintiff’s ...

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Company Owner Can Sue for Fraudulent Inducement (access required)

Plaintiff small business, founded by a former service technician for defendant Pitney Bowes Inc., can sue PBI for fraudulent inducement regarding a dealer agreement the parties had for plaintiff to service PBI products, that defendant allegedly used to damage plaintiff’s ...

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Lawyer could not sue bankruptcy counsel (access required)

ADR Discussion Meeting Attorneys FEA

A patent attorney who was unhappy with his bankruptcy lawyer’s performance cannot sue the lawyer because his malpractice claim belongs to the bankruptcy estate, an Alexandria federal judge said on April 14. Embroiled in litigation from a failed venture with ...

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Low lawyer fee was ‘abuse of discretion’ (access required)

supremecourtofvirginiabuilding_fea

When a winning party seeks attorney’s fees under a fee-shifting provision, a modest damage award will not necessarily cap the amount of fees awarded, according to an April 13 decision by the Supreme Court of Virginia. The Supreme Court said ...

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