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Opinion Digests

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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Consent Decree OK’d for DuPont’s Mercury Damage (access required)

A Harrisonburg U.S. District Court approves a $42 million proposed Consent Decree between the federal and state governments and DuPont over damage to natural resources arising from DuPont’s twenty-year use of mercury in the manufacture of acetate fibers at its ...

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Sales Ratio Comparison Stated False Ad Claim (access required)

In this dispute between two producers of “wood-alternative decking,” a Harrisonburg U.S. District Court dismisses as “puffery” plaintiff’s Lanham Act claims based on statements that defendant is “number one” and the “preferred premium leader” in product categories, but refuses to ...

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