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Tag Archives: Judge James R. Spencer

Claims Dismissed Against Insurance Adjusters (access required)

A Richmond U.S. District Court denies remand of an auto-accident plaintiff’s suit because  of his fraudulent joinder of nondiverse defendants, including insurance adjusters, who were not named in the assignment of rights under which plaintiff is suing; the Richmond U.S. ...

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Jurisdiction Covered by Notice & Complaint (access required)

A Richmond U.S. District Court says an assignee of an auto-accident tortfeasor’s rights against his auto liability insurance carrier may amend his notice of removal in a breach-of-contract/bad faith suit against carrier representatives who failed to settle the claim against ...

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Motor Carrier Agency’s Deadline Extension Was ‘Discretionary’ (access required)

A Richmond U.S. District Court dismisses this suit filed under the Federal Tort Claims Act alleging wrongful death caused by the negligence of the Federal Motor Carrier Safety Administration in allowing a bus carrier, Sky Express Inc., to operate at ...

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No Retaliation Claim from ‘Incorrect’ Question Charge (access required)

A mortgage operations consultant’s complaint to the EEOC alleging termination for asking a “politically incorrect” question when he repeatedly asked his Nigerian coworkers to speak English, did not express a claim for Title VII retaliation, and the Richmond U.S. District ...

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No Removal After ‘Bad Faith’ Delay (access required)

Defendants in this products liability case say plaintiff’s foot-dragging was “strategic gamesmanship” that kept them from removing the case to federal court, but the Richmond U.S. District Court says defendants had the means to uncover fraudulent joinder of non-diverse defendants, ...

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