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Tag Archives: Judge David J. Novak

Woman’s claim for ‘constructive demotion’ recognized (access required)

Although the Virginia Conference of the United Methodist Church argued the bias suit should be dismissed because it would require the court to engage in matters of religious and church governance, this argument failed because the claims stemming from the ...

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RICO/usury suit against tribal lenders stays in federal court (access required)

Where tribal officials argued that the plaintiffs’ RICO claims, based on allegations their consumer loans violated usury statutes, should be heard in arbitration or dismissed,  the arbitration provisions were deemed unenforceable and the plaintiffs’ claims were largely sufficient at this ...

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Arbitration ‘award’ with no grounding in law vacated (access required)

An “award” was vacated where the petitioner obtained an arbitration hearing by sending a loan servicer an incomprehensible agreement and used its non-response to initiate arbitration, and where the “award” did not appear to have any grounding in fact or ...

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Claims in suit over involuntary confinement narrowed (access required)

Where a man had been previously confined against his will and prescribed antipsychotic and other medication over his objections, numerous claims in his subsequent suit against doctors and others were dismissed. His request for appointment of counsel due to deteriorating ...

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Employee can sue for accessing emails, social media (access required)

Where an employee alleged her boss accessed her personal email, Google and Facebook accounts without authorization, the employer’s motion to dismiss claims brought under federal and state computer trespass statutes was denied by the court. Background Maureen Hains brings this ...

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Lender cannot force debtor’s usury claims into arbitration (access required)

Where the debtor alleged a lender was violating Virginia’s usury and consumer finance laws, those were “constitutionally core” claims over which the bankruptcy court could retain jurisdiction. Referring those claims to arbitration would defeat the purpose of the Bankruptcy Code ...

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Postal worker’s claim against U.S. precluded by Virginia law (access required)

Where a postal worker was injured while completing his delivery and pickup duties, his negligence claim against the United States was barred by the Virginia Workers’ Compensation Act. Although he argued the Virginia Supreme Court had held the state’s workers’ compensation ...

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