Quantcast
Home / 2007 / October (page 22)

Monthly Archives: October 2007

Real Estate – Utility Easement – Fraud (access required)

Plaintiff property owners, who allege defendant Verizon Virginia deliberately ignored their instructions not to come onto their property to install fiber optic cable until defendant provided proof of a valid easement and that Verizon came onto their property while plaintiffs ...

Read More »

Civil Rights – Inmate – Religious Medallion – Qualified Immunity (access required)

Defendant prison officials who rejected plaintiff inmate’s request to be allowed to wear a religious medallion – “Thor’s Hammer” – symbolizing his beliefs in Asatru, a revival of Norse beliefs of the Viking Age, are not necessarily entitled to qualified ...

Read More »

Employment – ERISA – Long- Term Disability – Back Pain (access required)

A former production supervisor who contends he suffers from disabling chronic back pain loses his suit for long-term disability benefits under his employee-benefit plan, which denied LTD benefits based on record evidence that the claimant retained the residual capacity to ...

Read More »

Tort – FTCA – Auto Accident – Postal Vehicle (access required)

A 39-year-old woman who was injured when a U.S. Postal Service employee failed to stop his vehicle in the cross-over at the intersections of Route 681 and Route 220, and drove into the side of plaintiff’s car, is entitled to ...

Read More »

Workers' Comp – Limitations – Claim Abandonment (access required)

A shipyard worker who was first injured in 1996 when he was struck by a forklift, and who initially pursued both a Virginia workers’ comp claim and a claim under the Longshore and Harbor Workers’ Compensation Act, is not barred ...

Read More »

Administrative – Medicaid – Reasonable Promptness (425761) (access required)

A district court erred in holding that a disabled claimant’s application for Medicaid services was moot and the case is remanded to allow claimant to proceed under 42 U.S.C. Sect. 1983 to address any failure by state Medicaid officials to ...

Read More »

Legal malpractice alleged because suit not filed – $325,000 Settlement (access required)

Plaintiff, a school bus driver, was rear ended while transporting a handicapped child home from school. Plaintiff injured her back in the accident. Neither the child nor the person who ran into the plaintiff was injured, and there was minimal ...

Read More »

Mental health disability benefits denied by insurer – Plaintiff's Verdict (access required)

Plaintiff Gagliano was granted long-term disability benefits by defendant Reliance due to plaintiff’s mental health problems. After eight months, Reliance terminated benefits on the grounds that plaintiff was no longer disabled. Plaintiff administratively appealed the termination to Reliance, as required ...

Read More »

Plaintiff alleges smoking sensitivity, retaliation – Defense Verdict (access required)

Plaintiff claimed disability based on a sensitivity to smoking and discrimination and retaliation related to the sensitivity. Court granted summary judgment as to all claims on the basis that plaintiff failed to rebut employer’s legitimate non-discriminatory reasons for its actions. ...

Read More »

Punitives sought from drunken, reckless 18-year-old – Settlement $45,000 (access required)

Defendant, age 18, unlawfully possessed and consumed Grey Goose Vodka at a Saturday night party with friends. Defendant then drove his father’s Chevy Tahoe while impaired. Defendant’s blood alcohol content (BAC) was between 0.09 (Department of Forensic Science) and 0.11 ...

Read More »