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Consumer Protection – Fair Debt Collection Act – Phone Messages – Attorney’s Fees (access required)

By Deborah Elkins
Published: September 30, 2010
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A plaintiff who settled her suit alleging defendants violated the Fair Debt Collection Practices Act by leaving her voicemail messages that failed to inform her the communication was from a debt collector, for $6,000 and attorney’s fees, wins $76,876.59 in attorney’s fees awarded by the Richmond U.S. District Court. On review by the district court [...]

Civil Procedure – Counterclaim – Negligence – Tractor-Trailer Accident (access required)

By Deborah Elkins
Published: August 24, 2010
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In a lawsuit by a carrier against its own driver and the driver of another tractor-trailer, that was trying to merge onto a highway and was rear-ended by plaintiff’s driver, a Richmond U.S. District Court says that despite “extensive and unexplained delay,” defendant may assert a counterclaim. The parties have attempted to mediate and have [...]

Civil Procedure – Discovery – Pro Se Plaintiff – Protective Order (access required)

By Deborah Elkins
Published: July 26, 2010
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A Richmond U.S. District Court grants employer’s motion to compel discovery responses from an African-American employee who alleges employer violated Title VII when it paid him less than it paid a white employee and subjected him to discriminatory discipline. To date, the pro se plaintiff has provided defendant no responses to its first set of [...]

Employment Discrimination – Retaliation – Sexual Harassment – Restaurant Hostess (access required)

By Deborah Elkins
Published: July 20, 2010
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A woman who worked four months as a hostess at the Applebee’s restaurant at Richmond International Airport loses on summary judgment her suit for retaliation and sexual harassment based on her complaint that a male manager touched her arm suggestively, he may have touched and squeezed her breast when he put up his hand to [...]

Employment Discrimination – Sheriff’s Office – Retaliation – Title VII – Race (access required)

By Deborah Elkins
Published: June 2, 2010
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In this suit by a Caucasian sheriff’s deputy who alleges she suffered discriminatory discipline and retaliation in the City of Richmond Sheriff’s Department, a Richmond U.S. District Court magistrate judge grants the sheriff’s motion for summary judgment. Plaintiff establishes a prima facie case of retaliation with respect to her claim that defendant sheriff improperly terminated [...]

Consumer Protection – TILA – Mortgage Transaction (access required)

By Deborah Elkins
Published: April 27, 2010
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A builder’s note for construction of a new home is not rescindable under the Truth in Lending Act because the home in question was not the builder’s principal dwelling and because the home, in which the builder’s son took a one-half interest, became the principal residence of the son and a third party. TILA affords [...]

Civil Rights – Homeless Service Center – Discrimination (access required)

By Deborah Elkins
Published: March 23, 2010
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Plaintiff, an unincorporated association of homeless and formerly homeless people, has its suit challenging the location of a new center for homeless services dismissed by a Richmond U.S. District Court. Plaintiff is “A Society without a Name, for People without a Home Millennium-Future-Present.” Plaintiff’s complaint alleges violations concerning the decision to locate the Conrad Center, [...]

Insurance – Duty To Defend – Web Advertising – No-Bark Dog Collars (access required)

By Deborah Elkins
Published: January 11, 2010
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A Richmond U.S. District Court says an insurance carrier has no duty under its “Web Xtend Liability” policy to defend plaintiff manufacturer on intellectual property claims from the manufacture and sale of dog training collars that allegedly use another company’s trademark claims to discourage barking; the competitor’s complaint does not allege the manufacturer’s conduct occurred [...]

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