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Tag Archives: Judge Rebecca Beach Smith

Debt collection letter not false, misleading or ‘overshadowing’ (access required)

Where language in a debt collection letter sent by a law firm was not false or misleading and did not “overshadow” the required validation notice from the debt collector, a woman’s suit alleging violations of the Fair Debt Collection Act ...

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Employees’ overtime pay suit resolved via settlement (access required)

After almost two years of litigation between a scaffolding company and its employees, a settlement was proposed. Because the agreement would give the named and opt-in plaintiffs the majority of their claimed overtime pay, there was no suggestion of collusion ...

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Defendant didn’t own waterslide at time of injury (access required)

Where the record demonstrated the defendant did not own or operate a waterslide at the time of a woman’s alleged injury, and she offered no evidence or testimony establishing notice of an unsafe condition, the defendant was granted summary judgment. ...

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Settlement class certified in pharmaceutical antitrust case (access required)

Although nonsettling defendants Glenmark and Merck objected to the certification of the settlement class on the basis that the court’s findings of fact and conclusions of law could prejudice them during their own class certification litigation, they could not demonstrate ...

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Five deemed ‘highly qualified’ for federal judgeship (access required)

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A Virginia State Bar evaluation panel has recommended five candidates as highly qualified to succeed retiring Norfolk U.S. District Judge Rebecca Beach Smith. The VSB Judicial Candidate Evaluation Committee interviewed the candidates Oct. 11. The VSB forwarded the evaluation report ...

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Unlawful search rescued by ‘good faith’ exception (access required)

Where a search warrant affidavit was found not sufficient to establish probable cause, testimony from the investigating officer revealed facts not contained in the warrant and supported the belief that evidence of child pornography would be found on the electronic ...

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