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Author Archives: Deborah Elkins

Environmental – Clean Water Act – Wastewater Discharge – Historic Preservation Act (access required)

A Charlottesville U.S. District Court grants defendant Environmental Protection Agency’s motion to dismiss plaintiff Historic Green Springs Inc.’s challenge to issuance of a permit that allegedly allowed discharge of treated sewage into an impoundment of a creek. Historic Green Springs ...

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Employment – ERISA – Long-Term Disability Benefits – Chronic Fatigue Syndrome (access required)

Although an employer’s disability plan administrator may have had an “aggressive claims denial practice,” its liberal appeals process in this case mitigates the importance of that history, and a Charlottesville U.S District Court upholds denial of long-term disability benefits to ...

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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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