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Monthly Archives: June 2012

No Tolling in Untimely HRT Case (access required)

A Charlottesville U.S. District Court dismisses as time-barred this suit filed by a 64-year-old woman who alleges she developed breast cancer from defendant pharmaceutical companies’ hormone-replacement therapy products Prempro and Provera; plaintiff sued more than two years after she developed ...

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Unjust Enrichment Claim Not Properly Pled (access required)

An Abingdon U.S. District Court dismisses plaintiff’s second amended complaint for unjust enrichment, as the parties’ relationship is governed by their distributorship agreement, an express contract. Under the pertinent law of Illinois, a claim for unjust enrichment is based upon ...

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ERISA Claimant Gets Attorney’s Fees (access required)

In this ERISA action against an electrical workers union pension fund, a Charlottesville U.S. District Court magistrate judge recommends awarding a total award of $271,869 for attorney’s fees and costs; the magistrate judge rejects as “provincial” defendant’s assertions about the ...

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