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Tag Archives: Judge Henry E. Hudson

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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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 ...

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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 ...

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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 ...

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Consumer Protection – Credit Reports – Software Trial – Failure To Correct Report (access required)

A Richmond U.S. District Court says a former finance manager at a car dealer can sue Experian and the software company that allegedly billed him after he returned “Bill Collector” software within a 30-day free trial period, for a bad ...

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Search & Seizure – Arrest Warrant – Third-Party Apartment Search (access required)

Although police entered an apartment they saw defendant flee to as they attempted to execute an arrest warrant for defendant, their entry did not violate the Fourth Amendment, says a Richmond U.S. District Court. When officers enter a third party’s ...

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Insurance – Policy Coverage – Tenant’s Mold Claim (access required)

A residential tenant suing for health problems from mold in his apartment cannot recover from the landlord’s CGL policy, and a Richmond U.S. District Court grants summary judgment to the carrier in this dec action against the landlord. The tenant ...

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Civil Procedure – Remand – Mortgage Default – Face-To-Face Meeting (access required)

A Richmond U.S. District Court remands to state court a lawsuit seeking to avoid foreclosure on plaintiff’s home by alleging a violation of a Federal Housing Administration regulation that requires a face-to-face interview with plaintiff prior to foreclosure. A defendant ...

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