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

Employee failed to prove FMLA covered leave (access required)

Where the record failed to demonstrate that a parent’s leave from work was necessitated by his children’s “serious health condition,” his claims for FMLA discrimination, retaliation and interference failed as a matter of law. Background In this civil case, the ...

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Pharmaceutical company not entitled to bill of particulars (access required)

Where the government’s superseding indictment and additional information sufficiently outlined the basis for the charges against a pharmaceutical company, the company’s motion for a bill of particulars was denied. And, although other government agencies might have conducted investigations of the company, ...

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Binding settlement reached at mediation (access required)

Where a homeowner previously agreed to settle her claims for fire damage, the settlement agreement was enforced despite her assertions that Nationwide made false or misleading statements or that the settlement violated her First Amendment rights. Nationwide’s attempt to dismiss ...

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Woman’s claim for ‘constructive demotion’ recognized (access required)

Where an instructor at a Virginia-based truck driver training and job placement program alleged she was subjected to lewd and lascivious comments by multiple employees, that she stepped down from her position after she complained about the harassment and that ...

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Excessive force claims against arresting officer filed too late (access required)

Where a man sued an arresting officer for excessive force based on injuries allegedly suffered in July 2015, the suit was dismissed because it was filed beyond the two years applicable to § 1983 claims in Virginia. Background On July ...

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Testimony critical of patient’s life care plan admissible (access required)

Where a registered nurse criticized the plaintiff’s life care plan, her testimony was allowed because it did not require a physician’s review, concerns of prejudice were mitigated by the bench trial and her methodology was sufficiently reliable. Additionally, where the ...

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Attorneys are sanctioned for bad-faith litigation conduct (access required)

Where attorneys admitted in Virginia and from outside Virginia acted in bad faith in connection with two consumer bankruptcies, the record supported the bankruptcy court’s imposition of practice and monetary sanctions. For the out-of-state attorneys, however, the amount of sanctions ...

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