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Tag Archives: U.S. District Court – Western District

University awarded fees after prevailing in suit (access required)

Where the court previously granted summary judgment to Liberty University, described the former employee’s discrimination and Title VII claims as “f[l]ounder[ing],” and found that Liberty University’s defense to the employment claims was “not seriously in dispute,” the employee failed to ...

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Business interruption policy doesn’t apply to COVID claim (access required)

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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Hospitals fail to trigger COVID closure coverage (access required)

Although hospitals lost revenue during the COVID-19 crisis because the Virginia governor banned certain elective and/or non-emergent procedures at their facilities, the “Interruption by Communicable Disease,” or ICD, endorsement provision provided no coverage. The ICD endorsement requires that the government ...

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Documents provided during plea negotiations excluded (access required)

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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Court resolves dispute over accident coverage (access required)

Although a driver involved in a motor-vehicle accident was simultaneously covered by insurance policies issued by separate carriers, because one policy provided primary liability coverage and the other policy provided excess coverage, the carriers did not have an equal pro ...

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