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Semmes Law Updates

Semmes offers Law Updates for information-purposes only. Semmes assumes no responsibility for the accuracy or timeliness of any information provided herein. The information may not apply to your unique situation, and is not intended to be used as a basis for any particular course of action or as a substitute for legal advice.

Archive for March 2017

Court Denies University’s Motion to Dismiss Employee’s Claims of Discrimination and Retaliatory Action After Terminating Employment Following High Risk Pregnancy

United States District Court for the District of Columbia found that an employee of the University of the District of Columbia had alleged sufficient facts to support claims of discrimination and retaliatory action after being terminated following her high risk pregnancy. The court denied the defendant’s motion to dismiss, holding that defendant’s behavior toward the employee was sufficient to support such allegations.

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Virginia Supreme Court Puts Plaintiff’s Claim for Application of the Last Clear Chance Doctrine in Railroad Accident Back on Track.

The Virginia Supreme Court analyzed the factual circumstances of a railroad accident against the legal evolution of the “last clear chance” doctrine and held that Plaintiff had alleged sufficient facts for a rational jury to support a verdict in her favor. Accordingly, the Court reversed the lower court’s sustaining of Defendants’ demurrer.

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Fast Food Fraud: Fourth Circuit Finds that Plaintiffs Presented Sufficient Evidence of Damages from Fraud in the Sale of Several Fast Food Restaurants

The Fourth Circuit held that the record sufficiently supported Plaintiffs’ valuation method of capitalizing the restaurants’ actual weekly sales by a multiplier of 36 to estimate damages resulting from fraudulent and misrepresented sales figures. Accordingly, the Fourth Circuit vacated the lower court’s judgment and remanded the case.

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United States District Court for the District of Columbia Denies Healthcare Provider’s Motion to Dismiss Plaintiffs’ Intentional Infliction of Emotional Distress Claim After Stealing Valuables From Elderly Couple

United States District Court for the District of Columbia found that an elderly couple had alleged sufficient facts to support a claim for intentional infliction of emotional distress after a healthcare provider stole valuables from their bedroom in the middle of the night. The court denied the defendant’s motion to dismiss, holding that defendant’s conduct could be found outrageous and extreme.

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In Matter of First Impression, Delaware Chancery Court Holds that a Former Stockholder Squeezed Out in a Merger Lacks Standing to Bring a Section 220 Action

The Delaware Chancery Court determined that the unambiguous language of § 220(c) required Plaintiff to have owned stock in the corporation at the time he filed a § 220 action with the court. The extinguishment of Plaintiff’s ownership prior to filing removed his standing to proceed. Accordingly, the Court dismissed the case.

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