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Monthly Archives: June 2007

Employment – ERISA – Disability Plan – University Employee (access required)

A nurse employed by the University of Virginia who suffers from kidney disease and has sued the university over the denial of disability benefits cannot sue under ERISA because the benefit plans at issue are “governmental plans” not covered by ...

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Insurance – Life Insurance Proceeds – Beneficiary Change (access required)

A magistrate judge recommends that the district court enter judgment for decedent’s daughter as the beneficiary of decedent’s life insurance obtained through her former employer, instead of the challengers, grandchildren of decedent who were the former beneficiaries. Here the beneficiaries ...

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Negligence – Auto Accident – Duty To Control Tractor Trailer (access required)

Although defendant company contends plaintiff has not identified specific duties allegedly breached by its truck driver, other than duties to maintain control of his tractor trailer and to post lookouts as he drove out of a private driveway, neither of ...

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Taxation – Tax Refund – Estate Taxes (access required)

A district court denies a claim for an estate tax refund based on an estate’s contention that it erroneously overvalued the “gross estate” on its tax return by including millions of dollars in assets decedent improperly transferred to himself from ...

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Tort – FTCA – Ad Damnum Increase (access required)

An auto-accident plaintiff suing under the Federal Tort Claims Act is entitled to amend the ad damnum clause of her complaint to double the amount of damages requested – from $500,000 to $1 million – even though she only stated ...

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High-low agreement results in $100K for pedestrian (access required)

On Aug. 14, 2004, at 9:00 p.m., plaintiff attempted to cross a low-traffic, two-lane side street (with a center turn lane) between intersections from her place of employment to her car, which was parked across the street. The nearest intersection ...

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Magistrate judge awards $200K in hit-and-run case (access required)

This case was a hit-and-run tractor trailer accident with internal injuries that resolved after hospital admission. No surgical intervention was required. Medical specials were $26,388.05 and lost wages were $8,760.00. Plaintiff did not return to pre-injury job due to heavy ...

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Rear-ender mediation results in $200K for back injuries (access required)

Plaintiff was sitting at a stop sign when he was rear-ended by a United Central Industrial Supply vehicle, operated by Mr. Hale. Plaintiff was transported from the scene via ambulance. As a result of this incident, plaintiff suffered a significantly ...

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U.S., whistleblower win $145K in qui tam mediation (access required)

Relator filed this qui tam case under seal in December of 2004 alleging that defendants caused false claims to be submitted to the United States in violation of 31 U.S.C. Sect. 3729(a). Relator alleged that defendants submitted duplicate claims for ...

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