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Author Archives: Virginia Lawyers Weekly

Admiralty – COGSA – State Law (access required)

The district court did not err in finding that federal maritime law applied to plaintiff German manufacturer’s claim against defendant terminal for a damaged woodworking press, and in also deciding that the “Himalaya clause” in the bill of lading effectively ...

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Rehearing Granted (306833) (access required)

Upon request for a poll of the court, a majority of the active circuit judges voted to rehear this case by the en banc court. The decision of the panel in this case, decided June 11, 1993, shall be and ...

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Taxation – Attorney's Fees – EAJA (access required)

Where the district court adopted the recommendation of the bankruptcy court and applied the Equal Access to Justice Act, 28 U.S.c. § 2412(b), to debtors’ request for attorney’s fees, this was reversible error, because the request is governed by the ...

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