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Tag Archives: Judge Michael F. Urbanski

No Long-Term Disability for Fibromyalgia & Pain (access required)

With multiple opinions by plaintiff’s treating healthcare providers and providers who reviewed her condition for defendant disability plan, the Roanoke U.S. District Court upholds denial of long-term disability benefits for plaintiff’s conditions of chronic pain, fibromyalgia and depression; plaintiff cannot ...

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Firefighter Alleges Retaliation for Funding Complaint (access required)

In this suit by a volunteer firefighter who alleges he resigned his position as treasurer of the nonstock Fire Department corporation and was suspended as a member after he raised issues about lack of funding and inadequate resources, the Harrisonburg ...

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Competency Not at Issue for Habeas Petition (access required)

A Roanoke U.S. District Court denies petitioner’s motion to find him incompetent and to stay these federal habeas proceedings pending petitioner’s restoration to competency; petitioner’s present competence is irrelevant to the court’s consideration of his habeas petition. Petitioner was convicted ...

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‘Learned Intermediary’ Defense Wins Drug Case (access required)

A drug manufacturer wins summary judgment in this failure to warn suit filed by the estate of a man who committed suicide after treatment with Lexapro, an SSRI antidepressant drug; both of decedent’s treating psychiatrists were independently aware of a ...

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Discharge Prompted by Email Use, Not FMLA Leave (access required)

A hospital secretary who took FMLA leave for her migraine headaches cannot sue for retaliation after her discharge, as the hospital has demonstrated that she was terminated for her unauthorized use of her supervisor’s email; the Harrisonburg U.S. District Court ...

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FMLA Win & Loss Not ‘Inconsistent Verdict’ (access required)

A jury verdict in an FMLA case was not “inconsistent” because the jury found for  plaintiff on her “interference” claim and for employer on plaintiff’s “retaliation” claim based on her termination, says the Harrisonburg U.S. District Court; plaintiff wins $25,258 ...

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