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Personal Injury

‘Strategic’ Removal Waived Federal Defense (access required)

In plaintiff’s suit against Crane Company alleging death from mesothelioma due to asbestos exposure, Crane was not entitled to assert another basis for federal court jurisdiction after the district court remanded to state court when plaintiff amended its complaint to ...

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Plaintiff Not ‘Incapacitated’ to Toll Time Limit (access required)

A pro se plaintiff’s suit alleging debilitating illness from a course of treatment with vitamin B-12 injections manufactured and distributed by defendants is dismissed by the Lynchburg U.S. District Court, as plaintiff has not shown that her symptoms were so ...

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Negligence Per, Punitives, Stay in Tractor-Trailer Case (access required)

A plaintiff’s personal injury complaint alleging negligence per se when defendant’s tractor-trailer truck allegedly struck plaintiff’s vehicle during a sudden lane change on Interstate 81, survives defendant’s motion to dismiss; the Abingdon U.S. District Court also refuses to dismiss plaintiff’s ...

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