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Tag Archives: venue

Tort/Negligence – Breach of Fiduciary Duty – Banks & Banking – Financial & Development Advisor – Real Property – Civil Practice – Venue (access required)

WNC Holdings, LLC v. Alliance Bank & Trust Co. Where the defendant-bank acted as a financial and development advisor to the plaintiff-borrower, the bank owed the borrower a fiduciary duty. Defendants’ motions to dismiss are granted in part and denied in part. The bank’s motion to change venue is granted.

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Contract – Fishing Tournament – Rules Violation – First Impression — Fishing License – Disqualification – Civil Practice – Venue – Judges – Recusal Motion (access required)

Topp v. Big Rock Foundation, Inc. Although the plaintiff-contestants were warned not to let the lack of a fishing license jeopardize a $1,000,000 prize, their first mate entered the contest without renewing his fishing license. Since plaintiffs failed to show that their disqualification was the result of arbitrariness, fraud or collusion, the defendant-foundation’s decision stands.

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Civil Practice – Venue – Winston-Salem Injury – Boston Witnesses – BC Cheerleader – Student Loans (access required)

Weishaupt v. Boston College Even though plaintiff was injured while she was cheering at a Wake Forest football game and was initially treated at a Winston-Salem hospital, nearly all witnesses are located in Massachusetts and other northeastern states, the allegedly faulty training and supervision took place in Massachusetts, and much of plaintiff’s treatment took place in Massachusetts and New York. Moreover, plaintiff now lives in Utah.

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Civil Practice – Venue – Answer Allegation – Waiver – First Impression – CFAA (access required)

LendingTree, LLC v. Anderson Even though defendant’s answer alleged that venue was improper, since defendant (1) stipulated in the case management report that venue was proper, (2) did not object to the conclusion in the case management order that venue was proper, and (3) waited three years after filing his answer – while continuing to participate in this litigation – before pressing his improper venue defense, defendant has waived the defense of improper venue.

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Criminal – Sex Abuse – Venue – Air Force – Japanese Base – Statements to Investigators (access required)

U.S. v. Holmes A defendant convicted of aggravated sexual abuse of a child for twice forcing his stepdaughter, under age 9, to perform oral sex on him during a time defendant was stationed in Japan with the Air Force, has his convictions affirmed by the 4th Circuit despite his challenge to venue and claim that his statements to investigators should have been excluded.

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Criminal Practice – Venue – Sexual Exploitation of a Minor – Internet Communication – Traveling to Meet Victims (access required)

U.S. v. Engle A defendant who separately met 13- and 17-year-old girls on the Internet and traveled to meet them and have sexual relations with them, including making a video of his sexual encounter with the 17-year-old, properly was prosecuted in Virginia for sexual exploitation of a minor, and the 4th Circuit affirms that conviction and his convictions for attempted enticement of a minor and witness tampering.

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