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Tag Archives: U.S. District Court – Eastern District

No Diversity Jurisdiction in Insured’s Suit (access required)

The Richmond U.S. District Court grants insurance reciprocal’s motion to dismiss for lack of diversity homeowner’s action to recover $500,000 under a partial settlement with insured homebuilder; the weight of authority holds that a reciprocal has citizenship wherever it has ...

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Broker’s Bad Faith Counterclaim Proceeds (access required)

The Richmond U.S. District Court denies mortgage lender’s motion to dismiss broker’s counterclaim seeking damages and attorney’s fees for breach of the implied duty of good faith and fair dealing; broker sufficiently pleads an agreement, breach and injury based on ...

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Magistrate’s Discovery Sanctions Sustained (access required)

The magistrate judge properly sanctioned the United States $24,363 for evasive discovery tactics, the Norfolk U.S. District Court says. United States sued tugboat owner. During pretrial discovery, the United States delayed producing documents integral to tugboat owner’s defense.  Tugboat owner ...

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No Attorney’s Fees in Courthouse Condemnation (access required)

Although the government may have “played fast and loose” in instructing an independent appraiser to value a 1.604-acre parcel for a Norfolk federal courthouse annex without considering site improvements, the government’s pre-litigation valuation of the land at $10 million was ...

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Credit Complaint Investigation Was ‘Reasonable’ (access required)

A credit-card company’s failure to use the Consumer Data Industry Association’s 2009 Credit Reporting Resource Guide to investigate a credit reporting dispute after a debtor’s bankruptcy discharge did not violate the Fair Credit Reporting Act’s command to conduct a “reasonable” ...

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