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Tag Archives: Judge Henry E. Hudson

Student Loan Telemarketers Lose FCA Case (access required)

Former telemarketers who solicited applications for consolidation of government-backed student loans have not stated claims under the False Claims Act based on defendants’ alleged preferred lender agreements, exit counseling program, misleading direct mail solicitations and bonus payments to employees, according ...

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Civil Rights – Malicious Prosecution – Limitations – Accrual Date (access required)

A plaintiff who alleges defendant police officer stopped him because of loud music allegedly emanating from plaintiff’s car, removed him from the vehicle, kicked his feet out from under him, placed him in handcuffs and shoved him to the ground, ...

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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, ...

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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. ...

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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 ...

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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 ...

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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 ...

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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 ...

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