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

Affirmative defenses not subject to ‘Twombly’ and ‘Iqbal’

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

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

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

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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Pharmaceutical company loses bid to dismiss indictment

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 ...

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Volvo’s change in position does not warrant court intervention

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 ...

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Nature Conservancy gets most of permanent easement payout

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 ...

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EEOC intake form serves as timely charge of pregnancy bias

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 ...

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