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 ...

Tagged with: Intellectual Property Judge Elizabeth K. Dillon U.S. District Court - Western District

A jury will decide whether grapes on the floor caused a shopper at Sam’s Club to slip and fall, and whether Sam’s Club or its employees had actual or constructive notice of the grapes. As these are questions for the ...

Tagged with: Judge Michael F. Urbanski Negligence Personal Injury U.S. District Court - Western District

While the court could not reach the merits of defendant’s claim that his trial counsel provided ineffective assistance regarding a plea deal because the claim was raised too late and had already been rejected by the Fourth Circuit, the trial ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Employment Employment Law Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Insurance Judge Glen E. Conrad U.S. District Court - Western District

Where the indictment sufficiently pleaded wire fraud, the question of whether the pharmaceutical defendants actually committed wire fraud is an issue for the jury because there is no summary judgment in criminal cases. Background The defendants, Indivior Inc. and its ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Volvo’s change in legal position as to whether its direct payments to union employees under a collective bargaining agreement violate the Labor Management Relations Act, or LMRA, does not give rise to a case or controversy warranting court intervention as ...

Tagged with: Judge Elizabeth K. Dillon Labor U.S. District Court - Western District

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

Tagged with: Commercial Judge Elizabeth K. Dillon Real Estate U.S. District Court - Western District

Where the EEOC’s intake questionnaire identified the parties and the specifics of the Title VII claim, including that a day-care provider thought the plaintiff was a liability because of her pregnancy and her lifting restrictions, and where the questionnaire was ...

Tagged with: Employment Discrimination Employment Law Judge James P. Jones U.S. District Court - Western District