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Tag Archives: Judge John A. Gibney Jr.

Credit Agency’s FCRA Violation Was ‘Willful’ (access required)

In plaintiff’s class action suit alleging defendant Experian Information Solutions violated the Fair Credit Reporting Act by failing to disclose the true source of information for their credit reports, the Richmond U.S. District Court grants summary judgment to plaintiff on ...

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Age Bias Claim Not Barred by Bankruptcy Filing (access required)

Plaintiff’s age discrimination suit is not barred by judicial estoppel because he failed to disclose his EEOC charge in his bankruptcy proceeding; the Richmond U.S. District Court finds the bankruptcy court did not “accept” plaintiff’s position that he had no ...

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Note Bans ‘Offset,’ Allows ‘Recoupment’ (access required)

In determining a buyer’s final payment under an agreement to buy plaintiff’s Harley Davidson dealership, a Richmond U.S. District Court says defendant buyer is entitled to recoupment that will reduce the purchase amount, even though the subject promissory note states ...

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Arbitrator Can Decide ‘Arbitrability’ (access required)

In plaintiff’s suit seeking to terminate its requirements contract with defendant Ethyl Corporation for a lead-based fuel additive, the Richmond U.S. District Court says the contract’s arbitration clause commits questions of arbitrability to the arbitrator, and the court dismisses plaintiff’s ...

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Navy SEAL Training Accident Suit Stays In Virginia (access required)

In this personal injury suit filed by a civilian contractor allegedly injured in a vehicle during a military training exercise with U.S. Navy SEALS at the Playas Training Center in New Mexico, the Richmond U.S. District Court grants defendant government’s ...

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