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Tag Archives: Judge James R. Spencer

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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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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Civil Procedure – Venue – Forum Selection Clause (access required)

Although the parties’ forum selection clause in their equipment lease provides they “agree” to jurisdiction and venue of federal and state courts in Monroe County, New York, a Richmond U.S. District Court says this is a permissive, not a mandatory, ...

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Bankruptcy – Circuit City – Reclamation Demand (access required)

A vendor who is attempting to reclaim $11.6 million in goods sold to Circuit City during the 45-day period before the electronic retailer’s bankruptcy petition loses its appeal to a Richmond U.S. District Court, as the vendor, Paramount Home Entertainment, ...

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Civil Procedure – Jurisdiction – Mold Injury – Burford Abstention (access required)

A Richmond U.S. District Court rejects plaintiffs’ request that it abstain from hearing their lawsuit alleging personal injury from mold and moisture at their apartment complex, and violations of Virginia state law. Plaintiffs’ suit alleges breach of contract, violation of ...

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Contract – Government – Miller Act Surety – Arbitration (access required)

In this litigation involving a dispute between the parties grounded in a series of delays that occurred during the performance of a government construction contract on which defendant Travelers was a Miller Act surety for the general contractor’s payment bond, ...

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Employment Discrimination – Title VII – Exhaustion Of Remedies (access required)

An African-American Director of IT services for defendant financial company waited too long to file an EEOC charge alleging discrimination resulting from removal of his supervisory responsibilities, and neither that race discrimination claim nor his age discrimination claim can survive ...

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Civil Procedure – Removal – Yaz Birth Control – Defendants’ Consent (access required)

In this products liability and med-mal suit against multiple defendants alleging defendant Bayer’s birth control drug Yaz caused decedent’s pulmonary embolism, deep vein thrombosis and death, a Richmond U.S. District Court says defendant manufacturer’s notice of removal was defective because ...

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Civil Procedure – Complaint Amendment – Prejudice Claim (access required)

Plaintiff corporation may amend its complaint alleging breach of a confidentiality agreement by a former senior manager, to allege additional claims of fraud, breach of fiduciary duty and violation of the Stored Communications Act, based on information uncovered during discovery, ...

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Contract – False Claims Act – Medicare/Medicaid Billing Regs (access required)

An anesthesiologist formerly employed at defendant urology practice has failed to state a claim under the False Claims Act for the practice’s alleged false billing for Medicaid and Medicare patients, a Richmond U.S. District Court says; at most, she alleges ...

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