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Author Archives: Deborah Elkins

Employment – ERISA – Long-Term Disability Benefits – Chronic Fatigue Syndrome (access required)

Although an employer’s disability plan administrator may have had an “aggressive claims denial practice,” its liberal appeals process in this case mitigates the importance of that history, and a Charlottesville U.S District Court upholds denial of long-term disability benefits to ...

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Civil Procedure – Remand Reconsideration – Medical Malpractice – Yaz Birth Control (access required)

A Richmond U.S. District Court reconsiders its remand of an estate’s suit for products liability and medical malpractice involving a woman’s use of the birth control drug Yaz, and will sever plaintiff’s medical malpractice claim from her products claim. Plaintiff ...

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Employment Discrimination – Sexual Harassment – Hostile Environment – Hospital Security Officer (access required)

An Alexandria U.S. District Court awards summary judgment to a hospital in a male security officer’s complaint that he was subjected to sexual harassment and a hostile work environment, based on allegations about flirtatious notes he received from two female ...

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Insurance – UIM Coverage – Stacking – Policy Limits (access required)

A Richmond U.S. District Court measures a UM/UIM policy’s “Limits of Liability” against Virginia Supreme Court precedents, and grants summary judgment to defendant insurance carrier, holding that an injured young woman’s grandparents’ auto liability policy provides $100,000 in UM/UIM coverage, ...

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