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Author Archives: Deborah Elkins

Discovery Ordered for ERISA Benefits Denial (access required)

In a widow’s suit challenging MetLife’s denial of ERISA-covered life insurance ben­efits for her husband’s death after a fall, the Charlottesville U.S. District Court Magis­trate Judge orders supplemental discovery regarding MetLife’s interpretation of certain provisions of its plan handbook and ...

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Restaurant Can Sue in Liquor-License Dispute (access required)

A district court erred in applying the Rooker-Feldman doctrine to decline to hear a restaurant’s suit challenging a Maryland state agency’s imposition of conditions on the restaurant’s liquor license; the 4th Circuit says the restaurant is not requesting appel­late review ...

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‘Jezebel’ Comment Supports Title VII Claim (access required)

The Salvation Army wins summary judg­ment on plaintiff caseworker’s Title VII con­structive discharge and retaliation claims, but the Roanoke U.S. District Court says she can try her hostile environment claim based on a male supervisor’s alleged persistent comments about her ...

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No Medicare Drug Coverage for ‘Off Label’ Use (access required)

An Alexandria U.S. District Court upholds denial of Medicare Part D coverage for myco­phenolate mofetil, brand name CellCept, for off-label treatment of systemic sclerosis with interstitial lung disease and pulmonary fibrosis; although an ALJ found the drug should be covered ...

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