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Author Archives: Correy E. Stephenson

Class certification affirmed over member’s objection (access required)

Stand out from the crowd concept

A district court properly approved the settlement of a long-running class action suit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has held. Writing for the 4th Circuit in its March 15 opinion, Judge Diana Gribbon ...

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4th Circuit recognizes ‘overtime gap time’ claim under FLSA (access required)

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the ...

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First impression: Absolute privilege may apply to lis pendens (access required)

Answering a question of first impression, the Virginia Supreme Court unanimously ruled that the filing of a lis pendens is part of a judicial proceeding for purposes of establishing absolute privilege against a defamation claim. However, Judge William C. Mims ...

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Former DSS director advances wrongful termination claim (access required)

A former Department of Social Services (DSS) director can move forward on her First Amendment retaliation and wrongful termination claim against a member of the DSS Board and County Board of Supervisors, a federal court judge has ruled. But U.S. ...

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Juror’s use of Twitter doesn’t equal impropriety (access required)

A former justice of the West Virginia Supreme Court, convicted on 11 criminal counts in a week-long trial, challenged his convictions and sought an evidentiary hearing claiming one of the jurors improperly checked her Twitter account during the trial.  But ...

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