Quantcast
Home (page 22)

Tag Archives: Judge Henry E. Hudson

Constitutional – Federal Health Care Challenge – Commerce Clause (access required)

A Richmond U.S. District Court strikes § 1501 of the Patient Protection and Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or pay a penalty for failure to do so, ...

Read More »

Criminal – Civil Forfeiture – Cash With Drugs (access required)

A Richmond U.S. District Court orders forfeiture of $11,210 seized from defendant’s vehicle, along with what appeared to be additional illegal substances, after defendant was arrested with crack cocaine during an arranged drug buy with a confidential informant. The U.S. ...

Read More »

Consumer Protection – TILA – Mortgage Loan – Rescission Right – Notice (access required)

A notice of right to rescind sent to a woman who refinanced her home satisfied the Truth in Lending Act with its statement that a $299 application fee would become non-refundable if she did not consummate the loan, and a ...

Read More »

Civil Rights – Eighth Amendment – Inmate Medical Treatment (access required)

An inmate at the Northern Neck Regional Jail has stated an Eighth Amendment claim under 42 U.S.C. § 1983 for deliberate indifference to his serious medical needs by alleging he has suffered permanent injury because was not referred for proper ...

Read More »

Employment Discrimination – Title VII – Disability (access required)

A plaintiff discharged by defendant freight transport company cannot sue for disability discrimination because he has failed to allege he is a “qualified individual” under the Americans with Disabilities Act, and the Richmond U.S. District Court dismisses plaintiff’s suit. Nowhere ...

Read More »

Bankruptcy – Circuit City – Executory Contract – Assumption (access required)

A Richmond U.S. District Court says debtor Circuit City cannot be compelled to assume an executory contract to provide Circuit City review of certain tax matters in Hawaii on a contingency-fee arrangement, as debtor’s decision not to assume the contract ...

Read More »

Bankruptcy – Circuit City – Employee Claims – Class Actions (access required)

The bankruptcy court did not err in denying a motion filed by plaintiffs, former Circuit City employees, to apply Bankruptcy Rule 7023 to their class proofs of claim which allege violations of California labor law; a Richmond U.S. District Court ...

Read More »

Negligence – Premises Liability – Negligent Hiring & Training (access required)

In a woman’s suit alleging she was injured while shopping at a Wal-Mart store when an employee who was cleaning the floor ran into her with a buffer machine, a Richmond U.S. District Court dismisses the woman’s claims for negligent ...

Read More »

Richmond federal court hears ‘Obamacare’ case (access required)

The pivot point for Virginia’s challenge to the federal health care reform package at the Oct. 18 hearing in Richmond federal court was the federal legislation’s “individual mandate,” which requires a person to buy insurance or pay a penalty. The ...

Read More »