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Tag Archives: Judge Michael F. Urbanski

Employee failed to exhaust multiple ADA claims

Where the charge of discrimination filed by an employee asserted only a claim for disability discrimination; did not check the box for “retaliation” or for “other” to specify a failure-to-accommodate or an interference charge and did not discuss any facts ...

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Bank prevails on disability discrimination claim

Although a supervisor’s performance review noted that an employee struggled with the computer and needed “assistance with technology at times,” that did not raise a reasonable inference of unlawful disability discrimination. Background Patricia Newell worked at Carter Bank & Trust, ...

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Forum-selection clause requires remand to state court

Where the parties’ contract required “exclusive venue in Giles County, Virginia” for disputes arising under the contract, and there is no federal court in Giles County, enforcement of the forum selection clause required remand to the circuit court. Background This ...

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Business interruption policy doesn’t apply to COVID claim

Where a hospital failed to allege that the presence of SARS-CoV-2 droplets in the air and on surfaces in its facilities constituted physical alteration to its property, it wasn’t entitled to coverage under a business interruption policy. Background This matter ...

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Documents provided during plea negotiations excluded

Where the government alleged the defendant provided fraudulent documents to the government via his attorney, but the documents were provided while the parties were discussing and negotiating a written plea offer and statement of facts, they were excluded by Federal ...

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NC-based doctor subject to jurisdiction in WDVA

Although a doctor who allegedly examined the Martinsville-based patient through a telemedicine program was physically present in North Carolina, there was personal jurisdiction over the doctor. The doctor’s alleged tortious actions are considered to have occurred in Virginia since the ...

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