No TILA Claim for Borrower 
By Deborah Elkins
Published: April 18, 2012
Tags: Consumer Protection, Judge Michael F. Urbanski, U.S. District Court - Western District
A plaintiff who received a reduction in his home mortgage payment as part of the Home Affordable Modification Trial Period Plan (TPP) cannot pursue a claim under the Truth in Lending Act after the lender cancelled his participation for deficient payments and foreclosed on his home, says a Harrisonburg U.S. District Court.
TILA disclosure requirements do [...]
$3.5M Win in RICO Kickback Scheme
By Deborah Elkins
Published: April 18, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District
In this suit by plaintiff investors in a wood products business against their business manager’s alleged kickback scheme using inflated invoices for equipment, the Abingdon U.S. District Court concludes after a bench trial that defendants violated RICO and Virginia’s business conspiracy law and are liable for treble damages of $3.5 million and attorney’s fees.
This case [...]
Long-Time Age, Sex Suit Dismissed
By Deborah Elkins
Published: April 13, 2012
Tags: Employment Discrimination, Judge Michael F. Urbanski, U.S. District Court - Western District
A former civilian employee of the Army who failed to check on the status of her age and sex discrimination case for the seven and one-half years it languished in another federal district court after an order transferring venue to a Virginia federal court will not have her pro se suit dismissed for failure to [...]
No Remand for ‘Fraudulent Joinder
By Deborah Elkins
Published: April 13, 2012
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District
A homeowner seeking to halt foreclosure on his home cannot get his case remanded to state court, as ALG Trustee LLC and Mortgage Electronic Registration Systems Inc., both Virginia citizens, have been fraudulently joined and will be dismissed as defendants.
Because defendants have met their burden of demonstrating that MERS and ALG are fraudulently joined parties, [...]
No Remand for ‘Fraudulent Joinder’
By Deborah Elkins
Published: April 13, 2012
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District
A homeowner challenging foreclosure on his home cannot get his case remanded to state court based on the alleged Virginia citizenship of MERS or of Professional Foreclosure Corporation of Virginia, which would destroy complete diversity, says the Charlottesville U.S. District Court.
MERS is a fraudulently joined defendant. It is only named as defendant in count I, [...]
Student Dismissal Case Transferred
By Deborah Elkins
Published: April 13, 2012
Tags: Civil Rights, Judge Samuel G. Wilson, U.S. District Court - Western District
A student enrolled in the Doctor of Physical Therapy program at VCU in Richmond cannot sue the university in a Roanoke U.S. District Court on a claim that her civil rights were violated under 42 U.S.C. § 1983 when she was dismissed from the program for an alleged lack of professionalism during a clinical course [...]
Genetic Nondiscrimination Claim Fails
By Deborah Elkins
Published: April 13, 2012
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District
A 50-year-old man who alleges he was terminated by his company’s new owners and replaced by a younger employee may sue for age discrimination, but he does not state a claim under the Genetic Information Nondiscrimination Act based on allegations that employer fired him shortly after learning defendant’s wife had multiple sclerosis, says the Abingdon [...]
Court Denies Costs for Defense Win
By Deborah Elkins
Published: April 6, 2012
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District
In this unsuccessful products liability suit against the manufacturer of a child safety seat, the Abingdon U.S. District Court exercises its discretion to deny defendant’s request for costs under Fed. R. Civ. P. 54(d)(1).
Defendant seeks $51,237, representing court reporter fees and fees for subpoenas, printing and photocopies, among other things. Plaintiff makes specific objections to [...]
Discrimination Claims Go Back to Jury
By Deborah Elkins
Published: April 6, 2012
Tags: Contract, Judge Glen E. Conrad, U.S. District Court - Western District
A Danville U.S. District Court says a minority contractor who has sued the Danville Redevelopment and Housing Authority under Title VI of the Civil Rights Act of 1964 gets a chance to retry his Title VI race discrimination and retaliation claims in this suit over a contract for site preparation at the Blaine Square Hope [...]
P.I. Plaintiff Wins Voluntary Dismissal
By Deborah Elkins
Published: April 6, 2012
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District
A bicyclist who was struck and dragged 15 feet by a dump truck may voluntarily dismiss her suit after she was late filing expert disclosures due to the departure of her lawyer and restructuring of his former law firm at the time her disclosures were due; the Lynchburg U.S. District Court says defendant is not [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
