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Tag Archives: Judge John A. Gibney Jr.

Hospital’s suit against patient’s insurer not preempted (access required)

Where a hospital sued an infant’s insurer, alleging it underpaid for service, the Employee Retirement Income Security Act of 1974 did not preempt the breach of contract claim because ERISA does not provide a cause of action for health care ...

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Election signature requirements modified due to Covid-19 (access required)

Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

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Attorney restriction in settlement pact violates public policy (access required)

Although the plaintiff’s attorney agreed, as part of a settlement of a case under the Fair Credit Reporting Act, to not bring further claims against Equifax Information Services LLC for 18 months, and Virginia’s ethics rule does not prohibit such ...

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Additional claims allowed in interior molded doors antitrust suit (access required)

In a suit alleging two companies unlawfully conspired to fix prices in the market for interior molded doors, new claims under various state consumer protection statutes were allowed. However, time-barred damages claims of new plaintiffs did not “relate back” to ...

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State agency sued for bias by employee from Togo (access required)

The plaintiff, an African American immigrant from Togo, successfully alleges that although he had “the most seniority” and was “the most qualified,” the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisor position. ...

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