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

Gun rights suit related to COVID-19 improperly removed (access required)

Where gun rights advocates challenged the governor’s closure order issued in response to COVID-19 solely under the Virginia constitution, the defendant’s removal to federal court fails because the suit did not arise under federal law, even if the right to ...

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Rider not within scope of employment at time of bike accident (access required)

The exclusivity provision in the Virginia Workers’ Compensation Act did not apply to a bicycle rider struck by a vehicle while riding to work on the Virginia Tech campus because the injury did not arise out of the course of ...

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Defendant’s charge of ineffective assistance is rejected (access required)

Where the defendant argued her trial counsel was constitutionally ineffective in multiple ways, for example, by recommending she plead guilty to one charge and not challenging venue and during sentencing, her counsel achieved “frankly the best outcome for which she ...

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Affirmative defenses not subject to ‘Twombly’ and ‘Iqbal’ (access required)

Although prior decisions applied the pleading standards in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to affirmative defenses, the recent trend declines to do so. But, even under the less-stringent ...

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Claim that termination based on refusal to join in criminal act fails (access required)

The former employees’ amended complaint did not allege facts plausibly suggesting they were asked or directed to engage in a criminal act by insurance providers that could lead to prosecution under Virginia law, or that their termination was based on ...

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Additional documents needed to resolve contract dispute (access required)

Although the defendants in a suit claiming breach of contract, indemnification and engineering and design malpractice argued the plaintiff’s common law indemnification claim should be dismissed, their motion was denied because they did not provide the settlement, design services and ...

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Radiologist not entitled to long-term disability benefits (access required)

Although a radiologist argued the long-term disability provider erred in interpreting the policy’s definition of disability, he failed to carry his burden of demonstrating an abuse of discretion because the provider’s interpretation was not unreasonable. Background In this action brought ...

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