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Author Archives: Virginia Lawyers Weekly

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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Criminal – Subpoena Duces Tecum – Law Firm Records – Client Payments (access required)

Where the government obtained a subpoena duces tecum directing the custodian of records of a law firm that had represented defendant, who also applied for indigent status, to produce “any and all documents and records concerning the payment of any ...

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Taxation – Refund – Excise Taxes – Fuel Oil (access required)

Although plaintiff marketer is seeking a refund for five taxable quarters both on diesel fuel and fuel that eventually was delivered for home heating, the Internal Revenue Service properly denied a portion of plaintiff’s claim relating to home heating fuel ...

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Civil Rights – Wrongful Prosecution – False Imprisonment (access required)

Where plaintiff alleges defendant detective, when testifying before the grand jury, suppressed the results of a laboratory analysis which showed that a certain substance, which defendant purportedly distributed was not in fact a controlled substance in order to have defendant ...

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