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Tag Archives: Judge John A. Gibney Jr.

Customers’ overdraft fees claim goes forward (access required)

Customers alleging that their bank’s imposition of overdraft fees violated the deposit agreement asserted facts suggesting the deposit agreement was ambiguous and that the bank exercised its contractual discretion in bad faith. The breach of contract claim survived the motion ...

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‘Customer suit’ exception dooms patent action (access required)

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

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Indemnity provision could include first-party claims (access required)

Where indemnity provisions in agreements with an engineering consultant did not clearly exclude first party claims, and where courts construing similar provisions had not limited them to third-party claims, the consultant’s motion to dismiss the indemnity claims was denied. Background ...

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Debt collectors liable for deceptive conduct (access required)

Where debt collectors did not meaningfully disclose their identities and made false representations, they violated the Fair Debt Collection Practices Act, or FDCPA. The plaintiff was awarded $1,000 in actual damages, $1,000 in statutory damages and $18,000 in attorneys’ fees. ...

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Exec fails to prove conspiracy by reporter and publisher (access required)

Although the former executive of a Richmond-based advertising agency alleged a New York-based reporter and publisher conspired to harm his reputation by publishing false and defamatory articles about his resignation, the targeted conduct— news-gathering, fact-checking and publication—is typical of news ...

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Hospital’s suit against patient’s insurer not preempted (access required)

Where a hospital sued an infant’s insurer, alleging it underpaid for service, the Employee Retirement Income Security Act of 1974 did not preempt the breach of contract claim because ERISA does not provide a cause of action for health care ...

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