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Tag Archives: U.S. District Court – Western District

No Issue Preclusion from Arbitration (access required)

In plaintiff’s suit alleging his employer violated the Americans with Disabilities Act in failing to accommodate his medical condition arising from a serious work-related injury requiring prescription pain medication, a Roanoke U.S. District Court will not apply issue preclusion based ...

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Court Sorts Liability for Tainted Seafood (access required)

In plaintiff customer’s suit alleging that tainted seafood he consumed at Frankie Rowland’s Steakhouse in Roanoke triggered his Guillain-Barré syndrome, the Roanoke U.S. District Court grants summary judgment against Sam Rust Seafood Inc. on motions filed by Performance Food Group ...

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Mine Void Owners’ Claims Time-Barred (access required)

Plaintiff landowners’ claims that defendant mining company unlawfully diverted excess wastewater from an underground coal mine into mine voids located beneath plaintiffs’ land are barred by the applicable statutes of limitations, and plaintiffs have not shown that they suffered any ...

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No § 1983 Claim for VDOT Contract Bidder (access required)

A Charlottesville U.S. District Court dismisses a contractor’s 42 U.S.C. § 1983 suit alleging the Virginia Department of Transportation and two VDOT employees violated plaintiffs’ rights by depriving them of the ability to participate in the procurement process for snow ...

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Billing ‘Inconsistencies’ Do Not State FCA Claim (access required)

Plaintiff ultrasound technician who twice discussed with her supervisor at defendant hospital the billing “inconsistencies” arising from the hospital’s alleged practice of using billing codes for ultrasound services despite not producing the full number of images indicated by the billing ...

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Suit Stayed Under First-to-File Rule (access required)

Although plaintiff electrical company alleges defendant, hired to upgrade plaintiff’s accounting software, raced to the courthouse in Georgia to file suit after plaintiff wrote a letter threatening litigation over inadequate and malfunctioning software, the Lynchburg U.S. District Court says plaintiff ...

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