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Tag Archives: Judge Roderick C. Young

Accreditation policies don’t back § 1981 claim (access required)

Where a pharmacy school alleged the withdrawal of its accreditation was racially motivated, its § 1981 claim was dismissed because the accrediting body’s policies, procedures and standards could be amended unilaterally, and thus did not constitute a contract. Background This ...

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Miller Act payment dispute must be arbitrated (access required)

Where the subcontract stated that “claims included in subparagraphs (A) or (B), above, shall be arbitrated,” it required arbitration of the covered claims. Although another provision states, “If arbitration is the forum agreed by all parties, it shall be conducted ...

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Claim: school protected student who stole trade secrets (access required)

Where a professor alleged that the Eastern Virginia Medical School allowed a student to publish the professor’s trade secrets as a poster for a scientific meeting and assisted or allowed the student to file for patent protection, she plausibly alleged ...

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Disassociated LLC members don’t count for diversity (access required)

Where two members were disassociated from the LLC, that terminated their memberships in the LLC for purposes of federal diversity jurisdiction. Background This is a lawsuit for declaratory and other equitable relief brought by three individuals who are or were ...

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Default vacated where court lacked jurisdiction over defendant (access required)

Where there were no factual allegations showing how a corporate defendant’s ownership of a patent caused injury to plaintiffs in Pennsylvania, an entry of default against the corporate defendant by the Western District of Pennsylvania was vacated because the court ...

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Single-subscriber insurance plan not covered by ERISA (access required)

Where the insurance plan covered only the law firm owner as an insured subscriber, it was not an “employee benefit plan” under the language in the Employee Retirement Income Security Act of 1974, and the Department of Labor’s regulatory interpretations. ...

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