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Tag Archives: Judge Rebecca Beach Smith

Class certification denied in antitrust dispute (access required)

Where plaintiffs suing two pharmaceutical companies for allegedly entering into an unlawful and anticompetitive agreement concerning a cholesterol-reducing drug failed to establish that the class was so numerous that joinder of all members was impracticable, their motion for class certification ...

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‘Bowman’ claim can’t be based on VHRA violation (access required)

Where an employee relied on the public policy against age bias stated in the Virginia Human Rights Act, or VHRA, as a basis for a common-law wrongful termination claim, the claim was dismissed. When a Virginia statute already contains a ...

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Summary judgment denied on Miller Act claim (access required)

Where a prime contractor and its insurer argued a subcontractor’s claim for delay damages was foreclosed by the government’s decision, but the prime contract allowed the prime contractor to appeal that decision and seek additional compensation from the government for ...

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No claim for negligent supervision of nonemployee (access required)

Where the owner of two annuities alleged her financial adviser transferred the proceeds into a Ponzi scheme, her negligent supervision claim against a life insurance company failed because the adviser was not its employee. Background On Oct. 21, 2019, plaintiffs ...

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