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Monthly Archives: June 2009

Civil Procedure – ERISA – Settlement – Vacatur (access required)

After granting summary judgment to an ERISA plaintiff seeking long-term disability benefits, awarding $70,000 in back benefits and over $20,000 in attorney’s fees, a Charlottesville U.S. District Court declines to vacate the court’s earlier decisions on motion of defendant insurance ...

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Employment Discrimination – Equal Pay Act – Retaliation (access required)

Although a female employee’s internal complaints to defendant Virginia Tech about pay discrimination did not constitute “protected activity” under the Equal Pay Act, she also alleges she filed a charge of discrimination with the EEOC and the Virginia Human Rights ...

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Criminal – Child Porn – Computer Access – ‘Virtual’ Children (access required)

Although defendant contends other users had access to the desktop computer in his bedroom that contained images of child pornography, a Big Stone Gap U.S. District Court denies judgment of acquittal or a new trial because there was sufficient circumstantial ...

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Contract – Damages – Lost Profits (access required)

Where plaintiff telecom company claims damages from lost profits from losing sales to several Asian companies, only one of which was a past customer, allegedly as a result of defendant trade association’s failure to timely and adequately provide User Identification ...

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Tort – Emotional Distress – Detention Facility – Strip Search (access required)

A woman who alleges she suffered severe emotional distress when she was subjected to a cross-gender strip search at a detention facility where she was required to serve a sentence on weekends has not stated a claim under Virginia law ...

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Employment Discrimination – Disability – Race (access required)

A former postal employee who allegedly was terminated for tardiness and absenteeism loses his employment discrimination suit, as the Alexandria U.S. District Court grants summary judgment to the employer because the employee failed to exhaust his administrative remedies. Plaintiff utterly ...

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Civil Rights – Disability – Public Housing (access required)

An African-American Muslim male who is legally blind is granted leave to proceed in forma pauperis by the Alexandria U.S. District Court, but the court dismisses as meritless his suit alleging violations of various statutes because of his unhappiness with ...

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Employment – ERISA – Life Insurance Proceeds – Negligence (access required)

An employee who had accident life insurance coverage on the life of his wife forfeited his right to those insurance proceeds under Virginia’s Slayer Statute when he was convicted of his wife’s murder, and a Richmond U.S. District Court says ...

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