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Tag Archives: U.S. District Court – Western District

Debtor’s adversary proceeding commenced too late (access required)

Where the government began recoupment proceedings in 2008 against a debtor  discharged from the Air Force because she was lesbian in order to recover funds expended on her behalf under the ROTC program, her 2017 challenge to recoupment proceedings was ...

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Challenge to debt collection practice survives (access required)

Although the defendants argued the plaintiff lacked standing to asserting claims under the Fair Debt Collection Practices Act, the court held the alleged FDCPA violations created a material risk of harm that was sufficient to establish standing. Background Willie Henderson ...

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Online lender sued for using alleged autodialer (access required)

Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify ...

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School’s misconduct procedures did not violate due process (access required)

Where four male students were suspended or expelled from Virginia Tech after they were accused of sexual misconduct, they could not sue the school for due process violations because they did not have a protected liberty or property interest in ...

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Expert testimony regarding diminished market value excluded (access required)

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

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Claims of employee who falsified documents dismissed (access required)

Where a water waste treatment plant employee was terminated after falsifying official documents by back-dating them, he could not sue for discrimination because he could not demonstrate that the reasons for his termination were pretextual. Background In 2006, Henry Sliwinski, ...

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Cases stayed pending transfer to multi-district litigation (access required)

Where two Virginia counties separately sued a group of opioid manufacturers and distributors for their role in causing the opioid crisis, their motions to remand the actions back to state court were stayed pending a decision on whether the cases ...

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