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Opinion Digests

Company defeats interference claim (access required)

Where a former employee asserted a claim for interference under the Rehabilitation Act, but she failed to plead facts showing any discriminatory intent by her employer, her claim was dismissed. Background Michele Pitts-Brown’s second amended complaint, or SAC, against her ...

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Jury to decide liability in detainee’s death (access required)

Where correctional officers moved for summary judgment against claims of gross negligence, willful and wanton negligence and deliberate indifference filed by the family of a detainee who experienced chest pains that ultimately resulted in his death, but there were inconsistences ...

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Doctor may testify as expert in wrongful death suit (access required)

Where a doctor had maintained an active clinical presence in the defendant’s specialty, and had performed the contested procedure in the past, he satisfied the active clinical practice requirement to be qualified as an expert witness in Virginia. Background This ...

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University awarded fees after prevailing in suit (access required)

Where the court previously granted summary judgment to Liberty University, described the former employee’s discrimination and Title VII claims as “f[l]ounder[ing],” and found that Liberty University’s defense to the employment claims was “not seriously in dispute,” the employee failed to ...

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Business interruption policy doesn’t apply to COVID claim (access required)

Where a hospital failed to allege that the presence of SARS-CoV-2 droplets in the air and on surfaces in its facilities constituted physical alteration to its property, it wasn’t entitled to coverage under a business interruption policy. Background This matter ...

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Hospitals fail to trigger COVID closure coverage (access required)

Although hospitals lost revenue during the COVID-19 crisis because the Virginia governor banned certain elective and/or non-emergent procedures at their facilities, the “Interruption by Communicable Disease,” or ICD, endorsement provision provided no coverage. The ICD endorsement requires that the government ...

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