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Author Archives: Virginia Lawyers Weekly

Admiralty – General Maritime Law Survival Claim – Punitive Damages (access required)

Where decedent’s estate seeks to supplement its complaint with a general maritime survival claim against the shipper of coal for decedent’s death which resulted from an explosion at sea in a ship’s hold containing coal, the claim for compensatory damages ...

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Bankruptcy – Abandonment Of Property – Tax Consequences – Trustee's Final Report – Objection (access required)

Where the trustee abandoned debtor’s real estate without debtor’s objection because there was no equity in the property, the bankruptcy court did not err in holding that abandonment of the property did not constitute a taxable event and that the ...

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Bankruptcy – Dischargeability Of Debt – Timeliness Of Complaint – Waiver Of Objection (access required)

Although the debtor has appealed the bankruptcy court’s decision of nondischargeability of a debt on the ground that the judgment creditor did not timely file its complaint to determine dischargeability, the court rejects this basis for the debtor’s appeal and ...

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Bankruptcy – Priority – Corporate Ownership (access required)

Where the certificates of title on two vehicles and some construction equipment list the owner as the “Irvine Construction Company,” the corporate debtor in this case, although there is no direct evidence of a transfer of the vehicles or equipment ...

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Bankruptcy – Stay Of Foreclosure – Debtor's Residence (access required)

Where debtors’ plan of reorganization called for a loan from a community savings bank in exchange for a first deed of trust on the debtors’ home, and this bank could only lend these funds if the loan was collateralized by ...

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Contract – Employment – Statute Of Frauds – Non-Compete Agreement – Legal Research Group – Fiduciary Duty – Trade Secrets (access required)

Where plaintiff legal research group refused to enter into a written employment agreement with its sales representative, and neither party produced evidence that the oral contract between the parties was intended to be performed within one year or to extend ...

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Bankruptcy – Plan Confirmation – Ex Parte Communication With Trustee – Good Faith – Feasibility (access required)

Although the Chapter 13 trustee submitted a proposed confirmation order to the bankruptcy court without sending a copy to the bank or otherwise providing notice that the order was being considered, the order, which was entered four days later by ...

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Insurance – Duty To Defend – Notice (access required)

Where the insurance company for a boat club currently is defending, under a reservation of rights, a state court action involving injuries to a minor at the boat club, and the company now seeks a federal declaratory judgment concerning its ...

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Insurance – Disability – Policy Application – False Statements (access required)

Where plaintiff, in applying for disability insurance, indicated on his application that he had no other disability policy, although he in fact had group disability coverage through his employment as well as a separate short-term policy through another insurance company, ...

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