Friday, November 19, 2004

Four opinions from the W.D. Va.

In Meredith-Clinevell v. Department of Juvenile Justice, Judge Conrad of the W.D. Va. held, among other things, that the Eleventh Amendment bars state employees from suing the Commonwealth under the Fair Labor Standards Act for unpaid overtime.

In Greene v. Reliance Standard Life Ins. Co., Judge Wilson ruled that a disability insurer abused its discretion in its use of the Dictionary of Occupational Title's definition of "salesperson" for purposes of determining eligibility for disability benefits of the plaintiff, a former industrial equipment salesman.

In Fuller v. Camus, a case removed from Roanoke City Circuit Court, Judge Wilson dismissed with prejudice the plaintiff's claims against the United States and remanded the individual claims to state court.

In Brown v. Principi, Judge Wilson dismissed the plaintiff's employment discrimination claims, in part for failure to prosecute, as she had failed to participate in discovery, failed to show up for court hearings, and failed to abide by the Court's scheduling order.

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