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Opinion Digests

Accrediting council not liable for school’s denial (access required)

An accrediting council did not violate due process, breach a contract or engage in tortious interference when it denied an application for renewal of accreditation filed by a West Virginia business. Background West Virginia Business College Incorporated, or WVBC, and ...

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Medicare provider must reimburse agency for overpayments (access required)

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

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Non-diverse defendant not indispensable (access required)

Where the addition of a new defendant destroyed the court’s diversity jurisdiction and the plaintiff had already obtained a preliminary injunction against another defendant, the non-diverse defendant was severed from the case because, despite having an agency relationship with a ...

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Claims against CEO for alleged business torts to proceed (access required)

A CEO whose company employed a person allegedly bound by restrictive covenants has been sued by the former employer for tortious interference with contract and business expectancies, statutory conspiracy and aiding and abetting a breach of fiduciary duty. Background The ...

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No jurisdiction over purchaser of manufacturer of allegedly defective product (access required)

A woman claiming she was injured by a right hip implant failed to demonstrate a defendant that purchased the company that manufactured the allegedly defective product was subject to personal jurisdiction in Virginia. Background On or about Jan. 11, 2010, ...

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