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

Third-party complaint against UVA held improper (access required)

Where the third-party complaint against University of Virginia essentially sought to make the university directly liable for the breach of contract claim asserted by the plaintiff, that was improper. Background In December 2017, ABM Healthcare Support Services Inc. and the ...

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Forum shopping and litigation conduct doom withdraw motion (access required)

A company lost its motion to withdraw a reference from bankruptcy because its litigation conduct suggested it shifted the dispute from forum to forum to stave off foreclosure as long as possible. Background This matter is before the court on ...

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Lack of official policy dooms § 1983 claims against city (access required)

Six claims asserted against the City of Lynchburg under 42 U.S.C. § 1983 were dismissed because there were insufficient allegations of a policy statement, ordinance, regulation, or decision officially adopted and promulgated that related to the excessive force, conspiracy, failure ...

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Superintendent’s response to criticism not clearly unlawful (access required)

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

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Jury to decide if doctor was terminated due to patient safety complaints (access required)

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

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Virginia expert certification not required in federal court malpractice case (access required)

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

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