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Yearly Archives: 2009

Employment – ERISA – Group Health Insurance – Brain Hemorrhage (access required)

The estate of a former employee of Commercial Glass & Plastics Inc. that is seeking coverage for a hospital stay to treat the employee’s intracerebral hemorrhage, has its suit alleging ERISA violations dismissed by a Lynchburg U.S. District Court. Plaintiff ...

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Employment – ERISA – COBRA – Retired Hospital Employees (access required)

Retired employees of a hospital that later sold its assets to a successor can the hospital successor holding company for COBRA violations, but their claims for ERISA violations are time-barred, a Roanoke U.S. District Court holds. The hospital on May ...

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Labor – FLSA – Housing Inspectors – Overtime Pay (access required)

An Alexandria U.S. District Court grants certification of a collective action by federal disaster housing inspectors for overtime pay under the Fair Labor Standards Act, but also grants the motion by defendant government contractor to sever claims against two different ...

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Civil Procedure – Removal – Remand – Attorney’s Fees (access required)

A Norfolk U.S. District Court grants defendant wholesale club’s motion to remand to state court a former employee’s suit alleging the club was negligent in failing to protect her from assault by her estranged husband, who shot her on the ...

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Civil Procedure – Immunity Waiver – Iraqi Legal Process (access required)

A Norfolk U.S. District Court dismisses, without prejudice, this action against a defendant who has claimed immunity from legal process under Order No. 17 of the Iraqi Coalitional Provisional Authority, an order that is subject to replacement in the near ...

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Criminal – Habeas Corpus – Brady Violation (access required)

The en banc 4th U.S. Circuit Court of Appeals affirms a North Carolina defendant’s capital conviction and death sentence for the murder of a woman he picked up at a night club, despite defendant’s claim that the state violated Brady ...

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