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Tag Archives: Judge M. Hannah Lauck

Mixing of materials in tank, not land, dooms coverage claim (access required)

Where plastic pellets were mixed with a “chip-like material” erroneously left in the insured’s tank trailers, that event fell outside the “pollution condition” coverage in the policy. The mixing did not involve some type of movement, and did not occur ...

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No immunity for officials sued over violation of firefighter’s rights (access required)

The Henrico County Fire Department officials are not entitled to qualified immunity for allegedly terminating a firefighter for attending an anti-Trump rally on her personal time. Her complaint plausibly alleged a violation of her First Amendment and due process rights, ...

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Briefing ordered on legal standard for piercing corporate veil (access required)

In a case involving an ERISA-covered plan, the parties’ briefs on the motion to dismiss assumed that Virginia law applies to the corporate veil piercing claim. Supplemental briefing was ordered on whether the federal common-law standard should instead apply, and ...

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‘True excess’ and ‘coincidental excess’ policies distinguished (access required)

In a case stemming from a wrongful death settlement, one carrier argued the “other insurance” language in two policies rendered both true excess policies, thereby requiring pro rata sharing of the burden. But one policy was found to be a ...

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