Plaintiffs lacked standing to challenge changes to Virginia’s Medicaid reimbursement rates and their applicability to emergency rooms and hospital readmissions via a declaratory judgment action. Background This suit involves the Commonwealth of Virginia’s Medicaid reimbursement rates and their applicability to ...

Tagged with: Administrative Judge Henry E. Hudson U.S. District Court - Eastern District

Where an HVAC contractor argued the plaintiff’s expert was speculating as to the cause of the water heater explosion but did not contest the expert’s tests and methodology, any concerns about the weight of the expert’s conclusions may be addressed ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where the defendant committed at least three copyright violations by failing to obtain licenses for the use of photos of Ringo Starr, Mick Jagger and Jimmy Page, the plaintiff was awarded $1,500 per violation, as allowed by statute, plus a ...

Tagged with: Intellectual Property Judge Henry E. Hudson U.S. District Court - Eastern District

Where the “primary purpose” of the declaratory judgment action was to determine whether the carrier owed the insured a duty with respect to a suit brought by a third party, the insured and third party were aligned in their interests. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Although a juror omitted material information about four additional family members in law enforcement during voir dire of a capital case involving the killing of a police officer, because the record failed to demonstrate the juror was biased or that ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where the plaintiff alleged a debt collection letter, stating that payment by credit or debit card would be “subject to a convenience fee of $3,” violated the Fair Debt Collection Practices Act, or FDCPA, her claim was dismissed because her ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District

Although officers and EMTs did not violate a clearly established right by initially restraining a man experiencing a crisis that required a mental health evaluation, the continued use of force for nearly six minutes meant the defendants were not entitled ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Even if the court issued a decision preventing the delisting of a statue of Robert E. Lee from The National Historic Preservation Act of 1966, that would not prevent the governor from having the statue physically removed from Monument Avenue. ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

Where a woman was injured while volunteering as a bartender, her negligence suit was preempted by the exclusivity provision of the Virginia Workers’ Compensation Act because her work was sufficiently controlled by the “employer.” Background On or about April 17, ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

After a jury found the employee was discharged after voicing concern about sexual harassment and hostility and awarded her $350,000 in damages, the court additionally awarded her over $133,000 in back pay after finding she made reasonable efforts to mitigate ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District