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Monthly Archives: June 2009

Domestic Relations – Spousal Support – Income Change (access required)

Based on the parties’ concessions that there had been material changes in their circumstances since the original final order, including termination of husband’s employment and a reduction in his rental income, the trial court ordered husband to pay a lump ...

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Domestic Relations – Visitation – Dad’s Move – Travel Time (access required)

A trial court did not abuse its discretion in modifying a father’s visitation schedule to adjust his midweek visitation and allow for more summer and school holiday time, after the father moved farther away and the extra travel time was ...

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Domestic Relations – Visitation – Vermont Order Registration (access required)

In the latest round of the legal wrangling over visitation for 7-year-old Isabella Miller, the Court of Appeals holds that the circuit court had no jurisdiction to rule on Lisa Miller’s request for a declaratory judgment that would have blocked ...

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Civil Rights – Fair Housing Act – Racist Epithets – Tenant Restrictions (access required)

In this suit by plaintiff tenants alleging a pattern of racial harassment and intimidation during the six-year period the tenants rented a house owned by defendant, including discriminatory statements, forcible eviction and burning of the tenants’ possessions, a Charlottesville U.S. ...

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Civil Procedure – Diversity – Proper Defendant – Branch Bank (access required)

A plaintiff who sued a Martinsville branch of SunTrust Bank in state court cannot defeat removal of her suit to federal court, as the branch bank is not a separate legal entity and SunTrust, the Georgia corporation, must be substituted ...

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Criminal – Sex Offender Registration – SORNA – Va. Registry (access required)

The registration requirement under the federal Sex Offender Registration & Notification Act applied to a defendant who failed to register in the Western District of Virginia, even though Virginia has not enacted all the federal statutory standards prior to the ...

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Employment Discrimination – Disability – Discovery – Attorney-Client Privilege (access required)

A Lynchburg U.S. District Court denies plaintiff’s motion to compel defendant hospital’s human relations consultant and its in-house lawyer to testify about plaintiff’s termination, because the communications at issue are plainly subject to the attorney-client privilege and no waiver or ...

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Employment – Fired Employee – Stolen Laptop – Confidential Data (access required)

An employer wins summary judgment against an employee who was fired for violating company policy by downloading confidential information into a laptop that was stolen from a vehicle in a hotel parking lot, a Harrisonburg U.S. District Court rules. At ...

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Products Liability – Defective Ladder Claim – Daubert – Expert Exclusion (access required)

A civil engineer/engineering professor falls short of the Daubert standard in his tests on the “Little Giant” ladder, and an Alexandria U.S. District Court excludes plaintiff’s expert evidence and grants summary judgment to defendant manufacturer. The pro se plaintiff was ...

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Labor – FLSA – Overtime Pay – School Employees – Class Action (access required)

In a suit for overtime pay under the Fair Labor Standards Act, an Alexandria U.S. District Court declines to conditionally certify a class of school board employees who provide security, athletic coaching and ticket-taking services at school athletic events. While ...

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