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Tag Archives: Judge Robert E. Payne

Plaintiffs given opportunity to avoid transfer of case (access required)

Where buyers agreed to an Indiana forum-selection clause when they purchased a new recreational vehicle, and the manufacturer was unable to repair several defects, they were granted a hearing to demonstrate that the clause should not be enforced because it ...

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Jury to decide if officer violated plaintiff’s constitutional rights (access required)

Where the plaintiff was arrested after a confrontation in a Longwood University dormitory as a result of an allegedly misleading affidavit submitted by a university police officer, a jury will decide if the officer made material misrepresentations or omissions in ...

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Life insurer faces claims for alleged fraudulent conduct (access required)

Where policyholders alleged their life insurer provided only “half-truths” in order to persuade the plaintiffs to keep their policies, when they would not have done so otherwise, the court denied the insurer’s motion to dismiss the fraud and unfair trade ...

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Disbarred lawyer warned about use of ‘JD’ in correspondence (access required)

The court explained that the disbarred attorney’s use of the term “JD,” and the related reference to “SLC Associates” as a firm, could be construed as practicing law without a license. Background This case is an appeal of a due ...

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No qualified immunity in malicious prosecution case (access required)

Where the facts showed the police officer included “false” statements in her criminal complaint, and omitted other evidence relevant to the case, the court held the officer was not entitled to qualified immunity in a civil rights lawsuit alleging malicious  ...

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Claims against orthopedic device maker dismissed (access required)

Although the plaintiff alleged the knee replacement manufacturer committed gross and ordinary negligence, breached express and implied warranties and should be held strictly liable for design defects, the claims were either preempted by federal law or failed to state a ...

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