Legal Opinion

Kerney v. Mountain States Health Alliance

District Court, W.D. Virginia

Decided July 11, 2012No. Case No. 2:12CV00004PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

JAMES P. JONES, District Judge.

In this employment discrimination case, the defendants have filed a Partial Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Because I find that the plaintiff failed to exhaust the available administrative remedies for her retaliation claim, I will grant the defendants’ motion and dismiss that claim.

*779I

The plaintiff, Keltie Kerney, was employed as the Home Health Director at defendant Norton Community Hospital (“NCH”) in Norton, Virginia.1 Kerney alleges that she was wrongfully terminated on December 14, 2010,…

2Cases cited10 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Clark County School District v. BreedenSupreme Court of the United States · 2001
  4. Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
  5. Elizabeth F. Smith v. First Union National BankCourt of Appeals for the First Circuit · 2000

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Tina Smith v. CSRACourt of Appeals for the Fourth Circuit · 2021
  2. Rush v. Federal National Mortgage AssociationDistrict Court, District of Columbia · 2016
  3. Huber v. TIAADistrict Court, W.D. Virginia · 2024
  4. Newell v. Carter Bank & TrustDistrict Court, W.D. Virginia · 2023
  5. West v. City of CharlottesvilleDistrict Court, W.D. Virginia · 2025

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