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

Borrower Has Fair Credit Claim, No RESPA Claim (access required)

A mortgage borrower has sufficiently stated a claim under the Fair Credit Reporting Act, based on allegations relating to disputed information about her payments to qualify for a loan modification program; however, the Richmond U.S. District Court dismisses plaintiff’s RESPA ...

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Plaintiff Alleges Causation for Dive Drowning (access required)

The estate of a woman who drowned during a scuba diving certification class sufficiently alleges proximate causation with allegations about inadequate observation of divers and inadequate equipment and staffing, and the Alexandria U.S. District Court says defendants’ affirmative defenses of ...

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Default Judgment Not Barred by Statute of Frauds (access required)

A Norfolk U.S. District Court enters default judgment for plaintiff diving company in its suit on a maritime contract alleging defendant demolition company failed to pay for plaintiff’s diving services in a salvage operation for the barge Becky Thatcher; the ...

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Resentencing Ordered on Ineffective Assistance Claim (access required)

Petitioner’s trial counsel provided constitutionally ineffective assistance of counsel when he failed to object to the drug amount attributable to petitioner on the ground that some of the pills charged to the conspiracy were obtained and used by petitioner pursuant ...

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