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Opinion Digests

Judge’s Improper Comments Were ‘Plain Error’ (access required)

The 4th Circuit vacates the immigration fraud conviction of an Algerian native who entered the U.S. through the Diversity Immigrant Visa Program, because the district judge’s “persistent and repeated” improper comments on the Program and its participants, all to the ...

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Not ‘Fitting In’ Did Not Prompt Tenure Denial (access required)

Defendant Longwood University wins summary judgment in plaintiff marketing professor’s suit under 42 U.S.C. § 1981 alleging she was denied tenure due to her Turkish ethnicity and national origin, as demonstrated by faculty comments that she “did not fit in”; ...

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No Fraudulent Joinder in Apartment Mold Suit (access required)

A tenant’s suit alleging injury from significant mold levels in her apartment is remanded from Richmond U.S. District Court to Virginia state court; defendants failed to show fraudulent joinder of the apartment complex manager, as plaintiff alleged she relied on ...

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Fair Debt Claim Survives for ‘Validation Notice’ (access required)

A consumer debtor suing defendant debt collector has stated a claim under the Fair Debt Collection Practices Act with allegations that defendant’s initial collection letter failed to comply with statutory requirements for a proper debt “validation notice” informing plaintiff of ...

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Gross Negligence Claim Survives for Tainted Salad (access required)

Three plaintiffs who alleged they became ill after eating two bags of “Asian Chopped Salad” purchased from defendant Sam’s Club and produced by defendant Taylor Farms, have stated claims for willful and wanton negligence and gross negligence with allegations that ...

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