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Monthly Archives: April 2007

Civil Rights – First Amendment – School Employment (access required)

In a follow-up to a successful Title VI suit by the director of the gifted education program for defendant Virginia Beach school system, the court denies defendant school board’s motion for reconsideration, and holds that the board remains liable for ...

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Employment – ERISA – Pension Benefits – Interpleader (access required)

Union pension fund trustees did not abuse their discretion in paying monthly pension benefits to decedent’s second wife, as the most recent beneficiary designated by him, and the first wife’s reference to a 20-year-old PSA does not support her claim ...

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Employment Discrimination – Race & Gender – Patent Examiner (access required)

An African-American female attorney who worked as a patent examiner cannot establish a hostile environment claim under Title VII based on her dissatisfaction with her work assignments and one incident of verbal counseling. Plaintiff’s proof on her hostile environment claim ...

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Labor – FLSA – Overtime Pay – Joint Employers (access required)

In this action for overtime pay under the Fair Labor Standards Act filed by employees of two different furniture stores, the district court holds that the two stores, together with the person who managed both stores, were employers who should ...

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Traffic Offenses – Quantico Base – Assimilated Crimes Act – 'Highway' (access required)

A district court upholds a defendant’s conviction by a magistrate judge of driving on a suspended license (Va. Code Sect. 46.2-301) and operating without a valid operator’s license (Va. Code Sect. 46.2-300), which have been assimilated from Virginia law by ...

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Rehearings Granted (access required)

On April 3, 2007, the Virginia Court of Appeals granted rehearing en banc in Vincent v. Commonwealth (VLW 007-7-022), No. 2701-05-4. In the original panel opinion of Jan. 23, 2007, the court held that a defendant who matched the physical ...

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Look before you nonsuit (access required)

As trial lawyers, we have all been saved or stymied by Virginia Code Sect. 8.01-380: The nonsuit statute. Many of you who have exercised the right to a nonsuit have taken comfort in the belief that you have at least ...

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Right to remove case to circuit court nixed (access required)

Defendants in general district court won’t have the right to remove cases to circuit court after July 1. A constituent asked House Majority Leader H. Morgan Griffith to look into providing a definition for the “substantial de-fense” in Virginia Code ...

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Trip-and-fall plaintiff can sue mall's property manager (access required)

Shirley Milburn was on her way into the J.C. Penney store at Fair Oaks Mall one day in June 2004 when she fell and hurt herself. The heel of her shoe got caught in the “transitional strip” between the mall ...

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Judge interprets subjective test in Virginia Code (access required)

A circuit judge has ruled that that the decision of two directors to pay themselves management fees of $1.9 million was nevertheless “fair” to a closely held Subchapter S corporation. The case of GCR Inc. v. Clayton in Williamsburg/James City ...

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