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Author Archives: Virginia Lawyers Weekly

Labor & Employment – Civil Rights – Teacher – Sex Discrimination (access required)

Where plaintiff lost her position as a “director” after the Fairfax County School Board reorganized its school system and reduced by 299 the number of full-time non-school based support positions over a two-year period, and plaintiff was afforded the opportunity ...

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Bankruptcy – Car Dealer – Computer Leasing (access required)

Where debtor, a car dealership, leased computer equipment prior to filing its chapter 11 petition, and the dealership was in default under these computer leases prior to and after filing the petition, the bankruptcy court erred in surcharging the dealer’s ...

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Environmental – Oil Pipeline Leak – Oil Pollution Act (access required)

Where plaintiff landowner has sued a pipeline company for damages allegedly resulting from the release of oil from defendant’s ruptured pipeline over plaintiff’s land, the district court has no jurisdiction over plaintiff’s claim under the Oil Pollution Act of 1990, ...

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Commercial – Bankruptcy – UCC Continuation Statement – Corporate Capacity – Assignment – Lease Extinguished (access required)

Although the UCC continuation statement filed by the FDIC as receiver of a bank which owned a leasing company was signed by the FDIC in its corporate capacity as the secured party, rather than as FDIC/Receiver, the continuation statement nevertheless ...

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Wills & Trusts – Testamentary Gift – Coast Guard Cadet – Cy Pres (access required)

Where a retired Coast Guard captain made a testamentary gift to the U.S. Coast Guard academy to establish an annual prize to the graduating cadet with the highest grade in chemistry and physics, but the trust is so large that ...

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Bankruptcy – Partnership Interest – Homestead Exemption – Nominal Value (access required)

In these consolidated appeals from rulings of the bankruptcy court issued by two different judges with conflicting results, where the debtors have valued exempt interests in their separate partnerships at $1 and $10 respectively, debtors have not thereby exempted the ...

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Insurance – Auto Body Shop Repairs – Referral From Insurance Company (access required)

Where plaintiff body shop sued defendant insurance company for intentional interference with contractual relations and other claims after the insurance company wrote to insureds to inform them plaintiff was no longer on its referral list of body shops and the ...

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Bankruptcy – Appeal – Procedural Rules (access required)

Where two former general partners in a car wash business seek to appeal an order of the bankruptcy court finding that they were properly removed as general partners and directing another partner that had assumed management of the car wash ...

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Bankruptcy – IFP Status – Bankruptcy Court's Decision (access required)

Where debtor is appealing an order of the bankruptcy court and also seeking in forma pauperis status, the bankruptcy court should, in the first instance, rule on debtor’s IFP motion, and the case is referred back to the bankruptcy court ...

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Bankruptcy – Trustee's Ex Parte Communication – Confirmation Order Circulation (access required)

Although the district court initially agreed with counsel for the creditor bank that the U.S. trustee’s submission of a proposed confirmation order to the bankruptcy court without sending copies to opposing counsel constituted impermissible ex parte communications, on rehearing, the ...

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