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Tag Archives: Judge M. Hannah Lauck

Direct action against insurer allowed in federal court (access required)

Although Virginia does not permit direct actions against insurers, this rule has no application in federal court. Instead, where the plaintiff established Article III standing, the direct action against insurer could proceed. Background Wilkerson Francis Investments LLC seeks a declaration ...

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Complaint fails to show law firm violated Fair Debt act (access required)

A homeowner’s claim that a law firm violated the Fair Debt Collection Practices Act in its efforts to collect overdue homeowners’ association fees was dismissed because the complaint did not include sufficient factual allegations showing the firm and its principal ...

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Commercial painter’s lawsuit did not breach forum-selection clause (access required)

A lawsuit brought by a commercial painter for unpaid painting and cleaning services did not breach a forum-selection clause in the parties’ master services agreement, or MSA, because that clause applied only to future work. Background This breach of contract ...

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Bus company must run animal welfare watchdog’s ads (access required)

The Greater Richmond Transit Company engaged in unconstitutional viewpoint discrimination by rejecting an animal welfare watchdog’s advertisement on political grounds, while accepting other political advertisements. Background This First Amendment action arises out of the refusal of Greater Richmond Transit Company, ...

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Rudeness insufficient for hostile environment claim (access required)

Although a pharmaceutical sales manager alleged the head of commercial operations was “noticeably rude” to her and caused her colleagues to comment about his behavior, Title VII does not create a general civility code in the workplace. Her hostile work environment ...

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Tariff provides federal jurisdiction, dooms complaint (access required)

An “artfully pleaded” complaint for damages that asserted only state law claims was nevertheless removable to federal court because it sought to alter the terms of a tariff filed with the Federal Energy Regulatory Commission, or FERC. That same tariff ...

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