PENNIES MATTER: Misstating the amount a Consumer owes by a mere penny may constitute a violation of the Fair Debt Collection Practices Act.

By and on September 23, 2010

In the recent case of Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010), a Federal judge in Alexandria denied a debt collector’s motion to dismiss causes of action under the Fair Debt Collection Practices Act (the “FDCPA”). The Court found that a Plaintiff adequately alleged several causes of action, including a […]

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Involuntary Civil Commitment

By on August 23, 2010

Involuntary civil commitment is the only legal proceeding known to my grey hairs by which the state deprives a person of liberty without proof of a criminal act or a civil contempt.1 Fortunately for all of us, and especially your writer, the law has been settled since at least 1975 that “a State cannot constitutionally […]

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Ramifications from the Repeal of the Removal Statutes

On August 23, 2010

Prior to April 2007, attorneys had the right to remove a case filed in General District Court to Circuit Court if certain criteria were met. More specifically, Va. Code § 8.01-127, 127.1 and 16.1-92 (the “Removal Statutes”) permitted a defendant to remove a case to Circuit Court if: 1.         The amount in controversy exceeded: (a) $500 […]

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Neil Talegaonkar

New Notice Requirement for Virginia Employers with Group Health Plans

By on December 28, 2009

Did You Know That As An Employer, You Now May Have An Additional Legal Requirement With Which To Comply? On February 4, 2009, President Obama signed the Children’s Health Insurance Program Reauthorization Act of 2009 (“CHIPRA”). CHIPRA extends and expands the State Children’s Health Insurance Program (“SCHIP”). CHIPRA contains several provisions that affect employer sponsored group […]

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Virginia Requirement for Withholding Tax by Pass-Through Entities

By and on October 23, 2009

As seen in Virginia Lawyers Magazine, October , 2009 Virginia requirement for withholding tax by pass-through entities In 2007, the Virginia General Assembly added § 58.1-486.2 to the Code of Virginia (the “Code”) to require pass-through entities (e.g., S corporations, partnerships, LLCs) doing business in Virginia to “pay a withholding tax.” The statute is somewhat bipolar in […]

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Virginia Commercial Lending Law

By on August 23, 2009

VIRGINIA COMMERCIAL LENDING LAW   A Guide for Commercial Lenders and Businesses         Wilson R. Trice, Director ThompsonMcMullan, P.C. Richmond, Virginia TABLE OF CONTENTS BASIC LEGAL STRUCTURE General Law The Virginia Court System Required Qualifications to Do Business – Foreign (Non-Virginia) Business Entities Licensing Requirements Taxation Virginia Contract Law Virginia Promissory Notes […]

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“The Elephant in the Crime Lab”

On June 23, 2009

By Sheila Berry, Paralegal at ThompsonMcMullan and Larry Ytuarte, Ph.D.             In less than a generation, breakthroughs and innovations in research and development have turned the stuff of science fiction into fact. Computers, the internet, cell phones and their various combinations have changed our lives in ways unimaginable just twenty years ago. The use of science to answer […]

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Residence and Domicile in Virginia

On November 30, 2008

Insight An individual may be subject to Virginia resident income tax even though he or she resides outside of Virginia if the individual has established, and has not abandoned, a Virginia domicile. Analysis An individual who is a resident of Virginia is subject to Virginia income tax on his or her entire income, whether generated […]

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