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Monthly Archives: November 2012

No Costs for Deposition on Damages (access required)

After granting defendant summary judgment in plaintiff’s Title VII suit alleging gender discrimination and retaliation, a Harrisonburg U.S. District Court grants defendant its costs, but deducts the cost of defendant’s deposition of plaintiff’s husband as it was relevant only to ...

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Store Display Rack was ‘Open & Obvious’ (access required)

A Charlottesville U.S. District grants summary judgment to defendant supermarket in plaintiff’s trip-and-fall suit alleging that placement of a display rack of canned vegetables negligently created a hazardous condition that proximately caused plaintiff to trip on the wire rack and ...

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Debtor Alleges CCA Misrepresents Services (access required)

The Charlottesville U.S. District Court will hold a bench trial to determine whether plaintiff is bound by a Client Agreement to arbitrate her claims against defendant InCharge Debt Solutions, a credit counseling agency that allegedly falsely represented that it provided ...

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Plan Abused Discretion with ‘Own Occupation’ Denial (access required)

A plan administrator abused its discretion in denying claimant ERISA disability benefits under the plan’s “own occupation” standard, as it did not explain how claimant was expected to perform the 20 percent of her job duties that were not sedentary, ...

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