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Author Archives: Virginia Lawyers Weekly

Bankruptcy – Plan Confirmation – Cram Down (access required)

Where debtor’s amended plan of reorganization does not provide for fair and equitable treatment of the claim of the creditor who has a deed of trust on debtor’s sole asset, an apartment complex, and a security interest in all revenues, ...

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Bankruptcy – Trustee Attorney's Fees – IRS Claim (access required)

Although the chapter 7 trustee argues that the Internal Revenue Service was “not substantially justified” in filing a proof of claim in this case in the amount of $202,878.92, when ultimately only $5,187 of its claim was allowed, the trustee ...

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Bankruptcy – Debtor's Assumption Of Lease – Curing Defaults – Changing Terms (access required)

Where debtor, an aircraft leasing company, proposed to assume its lease with a trucking association on which debtor already had defaulted by failing to provide planes when needed, and the proposed lease assumption required the lessee to essentially finance debtor’s ...

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Labor & Employment – Federal Employee – MSPB (access required)

Where plaintiff was removed from her civilian position as a contract specialist for the U.S. Army Contracting Command, and the Merit Systems Protection Board approved this Army action and found that her removal was not in reprisal for protected activity, ...

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Labor & Employment – Title VII – Sex Discrimination – Job Application – After-Acquired Evidence (access required)

Where plaintiff’s job application with defendant, which she asserted was correct to the best of her knowledge, misrepresented her current employment status, her reason for leaving her former employer and her salary, this “after-acquired evidence” of her material misrepresentations bars ...

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Labor & Employment – Age Discrimination – Rehabilitation Act – ERISA (access required)

Although plaintiff, a 62-year-old medical technologist, claims she was terminated because of her age and her medical condition of arthritis in her hand, she has failed to rebut the employer’s evidence that she in fact was terminated for falsifying a ...

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Intellectual Property – Commercial – Patent Infringement – Detergent Dispenser – UCC – Infringement Warranty (access required)

Where the defendant/third party plaintiff in this patent infringement action, who installs detergent dispensers, filed a third party complaint against another detergent dispenser manufacturer based upon the Uniform Commercial Code’s warranty against infringement, § 2-312, the third party complaint is ...

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