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Author Archives: Deborah Elkins

Civil Rights – Excessive Force – Wrongful Arrest – Joinder (access required)

Although it is true plaintiff’s complaints of excessive force by defendant law enforcement officers, arising from two separate arrests 11 months apart, present common questions of law, there are no common factual issues, and a magistrate judge of the Abingdon ...

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Employment Discrimination – Sexual Harassment – Plant Manager (access required)

Two women who allege that after they were among the first women newly hired at defendant plant, they were subjected to “aggressive, physical sexual advances by the company’s plant manager, which they detail in their joint Complaint,” have stated a ...

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Employment – UMW Pension Plan – Company Contributions – Damages (access required)

Defendant East Star Mining Company was a signatory to wage agreements with the United Mine Workers, and has failed to make contributions to multi-employer benefits plans, underpaying required contributions to the Funds by $67,283.13, and a magistrate judge of the ...

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Employment Discrimination – Title VII – Race – Complaints Against Coworker (access required)

An African-American woman who worked in a Danville customer call center, and who persisted in complaining to management and coworkers about an African-American coworker who allegedly told other employees she had had a romantic affair with plaintiff’s husband, has not ...

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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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