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Author Archives: Virginia Lawyers Weekly

Request for voluntary dismissal did not prejudice defendants (access required)

Where multiple defendants moved to dismiss plaintiffs’ complaint with prejudice, plaintiffs were entitled to voluntarily dismiss their complaint without prejudice because they had never sought that relief before and defendants were not prejudiced by the prospect of a future action. ...

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Rejecting a supervisor’s advances is protected activity (access required)

Although there is a split among circuits that have addressed whether an employee who rejects her supervisor’s advances and is later terminated states a claim for retaliation under Title VII, and Fourth Circuit has never decided the issue, the court ...

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Late expert disclosure was not ‘supplementation’ (access required)

A plaintiff who argued for inclusion of late “supplementation” of its earlier expert disclosure will not be allowed to rely upon the expert’s new opinions, as the “supplementation” was, in reality, untimely new opinions that would prejudice the defendant. Background ...

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Challenge to law requiring educational courses be certified was viable (access required)

Where a state law prohibited plaintiffs from offering certain postsecondary educational programs without obtaining certification, plaintiffs could proceed on their claim that the law violated their First Amendment rights, but they were unable to demonstrate a likelihood of success on ...

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Withdrawal of job offer due to body mass index did not violate the ADA (access required)

An employer that withdrew a job offer to a prospective employee after a physical revealed that the prospective employee had a body mass index that qualified as obese did not violate the Americans with Disabilities Act where the employer was ...

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