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Tag Archives: Judge Elizabeth K. Dillon

Affirmative defenses not subject to ‘Twombly’ and ‘Iqbal’ (access required)

Although prior decisions applied the pleading standards in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to affirmative defenses, the recent trend declines to do so. But, even under the less-stringent ...

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Additional documents needed to resolve contract dispute (access required)

Although the defendants in a suit claiming breach of contract, indemnification and engineering and design malpractice argued the plaintiff’s common law indemnification claim should be dismissed, their motion was denied because they did not provide the settlement, design services and ...

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Volvo’s change in position does not warrant court intervention (access required)

Volvo’s change in legal position as to whether its direct payments to union employees under a collective bargaining agreement violate the Labor Management Relations Act, or LMRA, does not give rise to a case or controversy warranting court intervention as ...

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Nature Conservancy gets most of permanent easement payout (access required)

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

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Student can proceed anonymously against Virginia Tech (access required)

A student involved in a university investigation of alleged domestic and dating violence can proceed anonymously in his civil rights suit against Virginia Tech and university employees because the suit implicates privacy interests, revealing his name could expose him or ...

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Virginia Tech student claims bias in disciplinary process (access required)

Where alleged differences in the way a male student was treated during a domestic violence investigation could lead a reasonable fact finder to conclude that gender bias played a role, the student’s Title IX claim survived a motion to dismiss. ...

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Arbitration clause not so one-sided as to be unconscionable (access required)

The case was ordered to arbitration because, although the warranty company selected the arbitration service, there was no evidence the rules and processes would be one-sided, unfair or biased against the homeowners. In addition, the homeowners only speculated the arbitration ...

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Scope of experts’ testimony at condemnation trial is clarified (access required)

In a trial over damages for land taken for an easement required for construction of a natural gas pipeline, the landowners’ expert may testify about the high demand for residential subdivisions, but cannot testify about the stigma attached to pipelines, ...

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