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Tag Archives: Judge M. Hannah Lauck

Regional jail authority not entitled to sovereign immunity (access required)

In a case involving the alleged denial of medical treatment, the court denied the regional jail authority’s request to certify to the Virginia Supreme Court whether it is a municipal corporation entitled to sovereign immunity. The question was not dispositive ...

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Challenge to pharma marketing plan survives dismissal bid (access required)

Efforts by pharmaceutical defendants to quickly dispose of a suit alleging they didn’t use commercially reasonable efforts to market and sell a prescription drug failed because the complaint plausibly alleged they were liable under a successor liability theory and breached ...

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Transgender plaintiff alleges retaliation by DMV employees (access required)

Where a transgender plaintiff alleged that one DMV employee specifically adopted a dress code policy that was directed at her, and that a second employee forced her to resign shortly after she “begin presenting” as a female, those allegations  were ...

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Capital One failed to promote employee for legitimate reasons (access required)

An employee’s interview performance for one position and her lack of qualifications for a second were the reasons she was not promoted to either of the two positions, rather than her age or race. Background This employment discrimination matter arises ...

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Knowledge of potential claim obviates duty to defend or indemnify (access required)

Where a water treatment service provider had knowledge prior to obtaining the policy that claims had been threatened after an explosion at a facility where it provided services, the insurer has no duty to defend the underlying suit filed after ...

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Fraudulent billing suit goes forward (access required)

Where the government’s complaint identified the mental health provider’s fraudulent conduct, claimed the provider acted with deliberate ignorance or reckless disregard of that conduct, plausibly alleged the government would not have paid the false invoices and provided examples of false ...

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