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Opinion Digests

Jury to decide if employer could change benefits plan (access required)

Where there was disputed evidence on whether the employer reserved its right to amend life insurance coverage under its benefits plan, summary judgment was improvidently granted to the employer in a putative class action initiated by retirees and beneficiaries, alleging ...

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No anti-SLAPP fees where suit voluntarily dismissed (access required)

Where the plaintiff voluntarily dismissed his defamation suit before the defendant filed her motion to dismiss in federal court, the defendant wasn’t entitled to recover attorneys’ fees pursuant to the Virginia “anti-SLAPP” statute. The statute and caselaw make it clear ...

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‘Slayer statute’ implicated in death benefits suit (access required)

Where a decedent’s death was ruled a homicide, and the investigation is still ongoing, an insurance company’s interpleader action may proceed. Although the beneficiary has not been arrested or charged in her husband’s killing, and has not been found civilly ...

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FCA retaliation claim survives motion to dismiss (access required)

Where a former employee alleged that she repeatedly complained to upper management that the company was reporting false information to the Virginia Department of Medical Assistance Services, or DMAS, including in the six months leading up to her termination, her ...

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