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Opinion Digests

After state nonsuit, plaintiff states federal wage claim (access required)

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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Appeal of jurisdictional discovery order was frivolous (access required)

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

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State-law claims for storage damage survive (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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Misrepresentations void policy for airplane damage (access required)

A policy covering the defendant’s airplane was void ab initio based on his false statements about the status and location of the plane. He’d sought last-minute coverage for his already-dilapidated plane as Hurricane Matthew approached, then filed a claim for ...

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Water company’s general rate increase approved (access required)

Sufficient evidence supported the State Corporation Commission’s determination that a requested pilot infrastructure surcharge was just and reasonable. Background In 2015, the Virginia-American Water Company applied to the State Corporation Commission for a general increase in water rates, claiming increased ...

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