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Tag Archives: Judge David J. Novak

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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Driver hurt back in collision with tractor-trailer – $950,000 Settlement (access required)

Plaintiff was traveling in his mini-van in the far right lane on Chamberlayne Ave. in Richmond.  As he approached the intersection of Chamberlayne and School St., he noticed a tractor-trailer three lanes over stationary in the left-hand turning lane. The ...

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Coverage of law student killed in NJ turned on residence – $170,000 Settlement (access required)

Cassidy, a woman in her mid-20s, was hit by a car while using a crosswalk in Newark, New Jersey, where she had been in Rutgers law school until a few days before. The driver fled the scene. According to the ...

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Man fell on converted ramp at hardware store – $280,000 Settlement (access required)

Plaintiff was awarded total disability from the Railroad Retirement Board in 1998 for degenerative spine disease weakness, pain of his right shoulder and gout. Plaintiff entered the defendants’ hardware store from a public entrance and slipped and fell on a ...

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