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Tag Archives: Judge David J. Novak

Jail detainee alleges tear gas used without reason (access required)

Where a detainee at the Richmond city jail alleged that officials responded with tear gas after the incarcerated complained about how the facility was responding to COVID-19, his excessive force claim survived a motion to dismiss. Background Cameron Fobbs, who ...

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Warranty claim foreclosed by provision in contract (access required)

Where a DuPont facility continued using allegedly defective natural gas-fired burners after discovery of the defect, that foreclosed its breach of warranty claim because a provision in the parties’ contract provided that continued use of the allegedly defective product after ...

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Denial of credit sufficient to establish standing (access required)

Where the plaintiff alleged that he suffered emotional distress after he was denied credit because a loan servicing provider inaccurately reported him as arrears on his mortgage, he alleged harm sufficient to establishing standing to sue for violations of the ...

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Parties challenging arbitration don’t get hearing (access required)

Where there was no dispute over the existence of the agreement to arbitrate nor the making of the arbitration agreement, parties challenging an arbitration clause in their loan agreements were not entitled to an evidentiary hearing. Background Plaintiffs bring this ...

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‘Conspicuous’ jury waiver enforced against ex-employee (access required)

Where the former employee alleging race bias and retaliation signed an agreement at the inception of his employment that contained a “conspicuous” jury waiver, had an opportunity to consult with counsel and the parties’ bargaining position was not too disparate, ...

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