Tag Archives: Judge Glen E. Conrad

Mortgagee lacks standing to challenge assignment (access required)

Although the Virginia Supreme Court has never “squarely” addressed whether a borrower lacks standing to challenge the securitization and assignment of his home mortgage, the court’s numerous decisions support that conclusion. Background In 2003, Timothy P. Flinn, a Virginia resident, ...

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Suit claims age discrimination by bank (access required)

Allegations that Carter Bank & Trust has marginalized older employees, stripped them of duties and responsibilities, denied training and promotional opportunities provided to younger employees and made comments reflecting age animus were sufficient to withstand a motion to dismiss disparate ...

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Government official lacked authority to enter settlement pact (access required)

The director of the Knoxville and Lexington offices of The Office of Surface Mining Reclamation and Enforcement, or OSMRE, lacked actual authority to enter into a purported settlement agreement with mine operators. Although the operators alleged the director had apparent ...

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Default vacated after employer advances meritorious defense (access required)

A plaintiff’s motion for a default judgment against his employer was denied because the employer was “reasonably” prompt in moving to vacate default, proffered a meritorious defense to the discrimination, retaliation and hostile work environment claims, including that the plaintiff ...

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Rider not within scope of employment at time of bike accident (access required)

The exclusivity provision in the Virginia Workers’ Compensation Act did not apply to a bicycle rider struck by a vehicle while riding to work on the Virginia Tech campus because the injury did not arise out of the course of ...

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