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Employment Law

Coach Sues Superintendent on Contract Claim (access required)

On the magistrate judge’s recommendation, a Richmond U.S. District Court denies dismissal of claims under 42 U.S.C. §§ 1981 and 1983 alleging defendant school superintendent discriminated against plaintiff, an African-American male computer technician and coach, by not renewing his contract ...

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No Race Bias Claim for White Professor (access required)

Although plaintiff, a male Caucasian professor, points to two other Caucasian professors who were denied tenure by defendant Virginia State University, a historically African-American institution, he has not stated a plausible claim of employment discrimination based on race and the ...

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Left Side Procedure Related to Lifting Injury (access required)

In employer’s second appeal after unsuccessfully challenging temporary total disability benefits, the Court of Appeals affirms the majority decision of the Virginia Workers’ Compensation Commission requiring employer to pay for a “left side denervation procedure” recommended by the same physician ...

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Right Reason Rule Misapplied (access required)

After the Virginia Employment Commission (VEC) denied employee benefits for insubordination in attempting to record her termination meeting, the Court of Appeals says the circuit court erred in affirming for prior misconduct:  even if the “right result wrong reason” rule ...

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No Job Analysis Is ERISA ‘Abuse of Discretion’ (access required)

A 319-page administrative record that makes no mention of an ERISA claimant’s “actual duties” as a “documentation assistant” means defendant Anthem Life Insurance abused its discretion in denying plaintiff’s ERISA claim for long-term disability and the Roanoke U.S. District Court ...

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