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Tag Archives: Civil Procedure

No Twombly Rule for Affirmative Defense (access required)

A Norfolk U.S. District Court declines to apply the Twombly/Iqbal pleading standard to defendant’s affirmative defenses, after acknowledging there is no controlling appellate law and a diversity of views among district courts. Plaintiff asks the court to strike defendant’s affirmative ...

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Access Allowed to Plaintiff’s Mental Health Records (access required)

A plaintiff alleging his former employer, the Federal Reserve Bank of Richmond, violated the Family and Medical Leave Act and Americans with Disabilities Act, has placed his mental health at issue by asserting damages including emotional pain, suffering, inconvenience, mental ...

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Lawyer May Intervene in Settlement Enforcement (access required)

Having determined to enforce the parties’ earlier settlement agreement, the Newport News U.S. District Court now grants the motion of plaintiff’s lawyer to intervene in light of defendants’ failure to make the necessary payments under the settlement agreement; defendants must ...

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