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Author Archives: Virginia Lawyers Weekly

Admiralty – Private Vessels Act – Collision With Public Vessel – Limitations – Proper Defendant (access required)

Although plaintiff, who claims he was injured when a U.S. Navy vessel collided with his vessel, which claimed Colombian registry but was carrying 4,000 pounds of marijuana, argues that the two-year statute of limitations was tolled by the filing of ...

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Insurance – Application – Material Misrepresentations (access required)

Although the applicant for insurance states that the insurance agent in fact filled out the application form which the applicant merely signed, and that the agent is responsible for any misrepresentations on the application, the court concludes that the applicant ...

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Commercial – Contract – Joint Venture – Cellular Telephones (access required)

Where the grocery store bought cellular car telephones from a cellular phone vendor for sale in its grocery stores, but the vendor had no involvement in the grocery store’s promotions other than to provide minor technical information for advertisements and ...

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Bankruptcy – Plan Confirmation – Extended Payment Period (access required)

Where the bankruptcy court made no specific finding about what constituted “good cause” for approving a plan for payment over a period of 42 months, as opposed to the three-year period under 11 U.S.C. § 1322(c), the order confirming the ...

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Bankruptcy – Hotel Receipts – Cash Collateral (access required)

Where debtor owns a hotel and has leased the hotel to an entity which is controlled by the same person who controls debtor, and the lessee ceased paying rent to debtor under the lease and instead began using its hotel ...

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Insurance – General Liability – 'Advertising Injury' – California Law (access required)

Where the insured was sued by a competitor who alleged that a laser angioplasty device manufactured by the insured had infringed on certain patents held by the plaintiff and that the insured had induced patent infringement by causing others to ...

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Contract – Real Estate Commission – Embassy Office Space (access required)

Where plaintiff, after hearing a rumor that the government of Saudi Arabia was looking for office space to expand its embassy, undertook on his own to find new office space for the embassy without ever letting the government know that ...

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Corporate – Securities Fraud – Computer Product – Misleading Public Statements (access required)

Although plaintiffs in this class action suit against Microdyne allege that defendant president and vice-president of the company misled the investment public in violation of federal securities laws with a series of overly optimistic public statements regarding the marketing prospects ...

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Bankruptcy – Tort Claim – Interference With Contract – Schedules – Standing (access required)

Where plaintiff was required, but failed, to schedule his tort claim against defendant paint company alleging interference with contractual relations as a contingent asset in his personal bankruptcy schedule of assets, and the trustee has not abandoned the claim, plaintiff’s ...

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