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Consumer Protection: FDCPA claims survive mortgage servicer’s motion to dismiss
Where a mortgage servicer argued it did not engage in collection activity, but its pre-foreclosure notices constituted collection activities, its motion to dismiss two claims under the Fair Debt Collection […]
Consumer Protection: Court has personal jurisdiction over foreign company in TCPA suit
Where an out-of-state company sued for violating the Telephone Consumer Protection Act, or TCPA, argued that the court lacked personal jurisdiction over it, but the complaint pleaded facts that the […]
Consumer Protection: Homeowners’ negligent repair claim dismissed
Where purchasers asserted a claim for negligent repair against homebuilders, but the claims arose solely out of the contractual relationship between the parties, either through the sales agreements or the […]
Consumer Protection: RV purchaser’s suit transferred to Michigan
Where the purchaser of a recreational vehicle sued manufacturer because the vehicle was allegedly defective, those claims were transferred to Michigan pursuant to a forum-selection clause. And because the RV […]
Consumer Protection: Unhappy customer’s lawsuit dismissed
Where the purchaser of a recreational vehicle sued the manufacturer and seller under federal and Virginia law, but the claims failed as a matter of law, the lawsuit was dismissed. […]
Consumer Protection: Eviction action falls outside FDCPA scope
Where defendants were sued under the Fair Debt Collection Practices Act for efforts to evict a woman from a property following foreclosure, the woman’s claims were dismissed because the eviction […]
Fraudulent property disclosure case survives
Homeowners who claimed materially false disclosures induced them to purchase a home riddled with structural, water and termite damage have survived demurrers filed by the sellers, realtor and inspector in the Richmond Circuit Court.
Consumer Protection: Court reduces attorney’s rate from $340 to $300
Where an attorney who successfully represented a woman on her consumer claim sought to recover attorney’s fees at $340 per hour, the rate was reduced to $300 per hour, which […]
Consumer Protection: Civil RICO doesn’t apply to Ghanaian fraud
Where the case involved “losses alleged to have occurred in Ghana stemming from investments made in Ghana,” that was a foreign injury that cannot be remedied under the private right […]
Court won’t hang up on telemarketer class action
A lawsuit alleging that a class of people listed on the National Do Not Call Registry received more than 100 telemarketing calls has survived a motion to dismiss after the Eastern District of Virginia found the complaint plausibly asserted federal and state claims.
Consumer Protection: Woman sues over repeated telemarketing calls
Where a woman alleged that she received more than 100 telemarketing calls despite being listed on the National Do Not Call Registry, that the calls provided a callback number for […]
Consumer Protection: Homeowners allege disclosures were materially false
Where purchasers of a house alleged the disclosures were materially false, and that they would not have purchased the property if they knew about the water damage, termite damage and […]
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Freedom of Information – Exemption 5 protects draft PTAB written decision
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
