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Res Judicata Bars M&A Company’s Claim (access required)

By Deborah Elkins
Published: January 12, 2012
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A Virginia-based mergers & acquisitions company cannot sue a Canadian company for failure to pay for the Virginia company’s services in valuing a subsidiary of defendant and identifying a prospective purchaser; the Alexandria U.S. District Court says the suit is barred by res judicata, as the Virginia company already unsuccessfully pursued these same claims against [...]

Parties Settle Case, Sue Over Settlement (access required)

By Deborah Elkins
Published: December 13, 2011
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In this contract action over alleged breaches of an agreement between a Virginia business and a German corporation, including a dispute over performance of and payment for decontamination and decommissioning of production lines for manufacture of a product for patients suffering from a narrowing of coronary arteries, the Alexandria U.S. District Court says the claim [...]

Disciplinary Record Justified Delayed Promotion  (access required)

By Deborah Elkins
Published: November 17, 2011
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The Alexandria U.S. District Court grants summary judgment for a county sheriff who delayed promoting a deputy to sergeant until more than three years after the deputy scored “highly qualified” on a qualifying exam; plaintiff deputy failed to present sufficient evidence that his disciplinary record was a mere pretext for his delayed promotion or to [...]

Groups Have No Standing in Greenhouse Gas Suit (access required)

By Deborah Elkins
Published: November 14, 2011
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Plaintiff environmental groups lack standing to seek declaratory and injunctive relief for alleged violations of federal law arising from government purchasing contracts for fuel derived from Canadian oil sands recovered crude (COSRC) oil, and the Alexandria U.S. District Court dismisses their suit.
Plaintiffs allege defendants’ contracts violated Section 526 of the Energy Independence and Security Act [...]

No ‘Self-Publication’ Defamation in Virginia (access required)

By Deborah Elkins
Published: November 11, 2011
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A group of assistant managers at Panera Bread Company who claim they were misclassified under the Fair Labor Standards Act have their overtime pay claim dismissed under the first-to-file rule in favor of a similar action in Florida federal court, and the Alexandria U.S. District Court also dismisses this named plaintiff’s defamation action based on [...]

No Claim for Insurance Claims Rep Job (access required)

By Deborah Elkins
Published: November 2, 2011
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An Alexandria U.S. District Court grants summary judgment for defendant insurance company in plaintiff’s suit alleging age, religious and race-based discrimination in the company’s failure to hire plaintiff, an African-American, Jewish woman who is over 40 years old.
Defendant GEICO indicated plaintiff was not selected for employment as a claims representative because of a misdemeanor conviction [...]

Foreclosure Complied With Deferral Agreement  (access required)

By Deborah Elkins
Published: October 20, 2011
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The Alexandria U.S. District Court granted lender and a substitute trustee summary judgment on borrowers’ breach of contract, emotional distress and fraud claims; lender’s actions complied with the deed of trust and subsequent agreement to defer foreclosure to allow review of financial information borrowers submitted to support loan modification.
Borrowers obtained a mortgage [...]

Foreclosure Complied With Deferral Agreement (access required)

By Deborah Elkins
Published: October 17, 2011
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The Alexandria U.S. District Court grants lender and a substitute trustee summary judgment on borrowers’ breach of contract, emotional distress and fraud claims; lender’s actions complied with the deed of trust and subsequent agreement to defer foreclosure to allow review of financial information borrowers submitted to support loan modification.
Borrowers obtained a mortgage [...]

Expert Needed for Legal Malpractice Claims (access required)

By Deborah Elkins
Published: October 17, 2011
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A restaurant worker who lost his claim alleging immigration-based employment discrimination also loses his suit alleging legal malpractice by his former attorney and law firm, as he has failed to present the necessary expert evidence to support his claims, an Alexandria U.S. District Court says.
Plaintiff sued defendants Immigration Reform Law Institute and Sharma Hammond, alleging [...]

‘Shoving Incident’ Not Sexual Harassment (access required)

By Deborah Elkins
Published: October 13, 2011
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A woman who alleged her male supervisor physically assaulted her by shoving her on the arm after she made a comment during a work place meeting that he found offensive, cannot sue for sexual harassment, an Alexandria U.S. District Court says.
Plaintiff has not shown that any alleged harassment was based on her gender or that [...]

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