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Tag Archives: Judge James R. Spencer

No APA Challenge to ACA’s IRS Reg (access required)

A Richmond U.S. District Court dismisses plaintiffs’ suit alleging an IRS regulation that extends eligibility for premium assistance subsidies under the Affordable Care Act to individuals who purchase health coverage through federally-facilitated exchanges exceeds the IRS’s statutory authority, is arbitrary ...

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Business Travel Yields Personal Jurisdiction (access required)

In this dispute arising from two agreements between plaintiff Lumber Liquidators Leasing LLC and defendant Sequoia Floorings Inc., a Canadian corporation, the Richmond U.S. District Court says it has personal jurisdiction over the individual defendants, Canadian citizens and owners of ...

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Case Transferred Under ‘First-Filed’ Rule (access required)

In George Mason University Foundation’s suit against defendant siblings who are contesting their mother’s decision to leave her million-dollar estate to the Foundation in the wake of the mother’s death in Alabama, a Richmond U.S. District Court transfers venue to ...

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Computer Issues, Illness Are ‘Excusable Neglect’ (access required)

Computer problems and illness are circumstances beyond plaintiff’s control that constitute the “excusable neglect” under Fed. R. Civ. P. 6(b)(1)(B) and the Richmond U.S. District Court grants an extension of time for plaintiff’s filing of a motion for summary judgment ...

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Service of Process Needed Before Remand (access required)

In plaintiff’s suit against multiple defendants, including Suntrust Bank, over an Employee Stock Ownership Plan, the Richmond U.S. District Court orders plaintiff to effect service of process on non-diverse defendants, prior to entertaining defendant’s motion to remand the suit to ...

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