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Tag Archives: Judge James R. Spencer

No Attorney’s Fees for University Vendor (access required)

Although a university copy center employee was convicted of embezzlement for ordering excess toner cartridges that he sold on the side, the university still must pay for the extra toner supplier under defendant university’s contract with plaintiff business machine company, ...

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Apartment Mold Claim Advances on Building Code Theory (access required)

A Richmond U.S. District Court says a couple who alleges damage from mold infestation can sue their landlord for negligence per se, on a theory the landlord violated Virginia’s Uniform Statewide Building Code. Shortly after Raymond and Shawnda Sanders moved ...

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Bus Driver with Positive Drug Test Charges Age Bias (access required)

A 73-year-old bus driver says he was terminated because of age discrimination, but the employer said he was fired after he tested positive for marijuana; a Richmond U.S. District Court dismisses his hybrid LMRA claim with prejudice for untimely service, ...

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Medical Malpractice – Failure To Diagnose – Cancer – Reconsideration (access required)

A Richmond U.S. District Court denies reconsideration of its decision granting summary judgment to defendant healthcare providers in plaintiff’s suit alleging defendants twice diagnosed her with genital warts when in fact she had genital cancer. Earlier, the court held that ...

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Tort – Defamation – Theft Accusation – Armored Truck Driver (access required)

A Richmond U.S. District Court refuses to dismiss a defamation claim filed by a former driver for defendant armored truck company, who alleges the company’s termination letter implicitly accused him of stealing money from ATMs by listing monetary shortages on ...

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Intellectual Property – Patent Infringement – Injunction (access required)

In the wake of a jury award of $19.3 million to the manufacturer of a computer keyboard support system in this suit for patent infringement, a Richmond U.S. District Court denies the counterclaim plaintiff’s motion for injunctive relief. The verdict ...

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Civil Procedure – Excusable Neglect – Late Response – Fee Motion (access required)

Having granted summary judgment to defendant on plaintiff’s suit alleging violations of the Fair Debt Collection Practices Act, a Richmond U.S. District Court denies plaintiff’s motion to extend time for filing a response to defendant’s motion for attorney’s fees. The ...

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Civil Procedure – Removal – Unanimity Rule – Appeal Certificate (access required)

Although the Richmond U.S. District Court changed its mind and decided it committed clear error by remanding plaintiff’s products liability and med-mal case involving Yaz birth control to the circuit court after the court’s sua sponte determination that defendant physician’s ...

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Contract – Loan Agreements – Guaranty – Fraud Claim (access required)

A Richmond U.S. District Court dismisses a borrower’s pro se counterclaim for fraud against plaintiff bank, which has sued for breach of contract in the borrower’s default on five loan agreements between the bank and defendant and his company. The ...

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