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Tag Archives: Judge James R. Spencer

Law Firm Must Discuss Malpractice Policy (access required)

In a pro se plaintiff’s suit under the Fair Debt Collection Practices Act, a Richmond U.S. District Court denies plaintiff’s motion to quash defendant’s subpoena to testify and produce documents related to plaintiff’s relationship with a law firm whose malpractice ...

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‘Wine Experience’ Trademark Claim Advances (access required)

The Richmond U.S. District Court allows trademark claims under New York law to proceed in an action transferred to Virginia and allows defendant wine promoters 23 additional discovery depositions; the court strikes as untimely plaintiff’s opposition to defendants’ motion to ...

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Implied Covenant Protects Defaulting Borrower (access required)

The Richmond U.S. District Court denies lenders’ motion to dismiss borrower’s complaint alleging breach of contract, equitable estoppel and constructive fraud in connection with the foreclosure sale of his home; the court says borrower stated a claim as to breach ...

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First Amendment Claim for Non-Religious CD Ban (access required)

A plaintiff who wanted to send an incarcerated friend a spoken-word CD of Dylan Thomas reading poetry, but who could not comply with the prison’s “publisher-only” policy for shipping such materials because the prison’s contract supplier did not carry the ...

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Wife’s Claim for Insurance Proceeds Dismissed (access required)

The Richmond U.S. District Court dismissed wife’s counterclaim for interpleaded life insurance proceeds; all three counts related to the same interpleaded funds and allowing her counterclaim would defeat the purpose of the interpleader action to determine her claim and the ...

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