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Monthly Archives: September 2010

Labor – FLSA – Overtime Pay – Settlement Rejection – Confidentiality (access required)

An Abingdon U.S. District Court rejects settlement agreements between two employees and defendant employer for violations of the Fair Labor Standards Act’s overtime pay provisions. Plaintiffs sued on the ground they did not fall within the executive exemption contained in ...

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Consumer Protection – Real Estate – TILA – ‘Tolerance For Accuracy’ (access required)

A homeowner’s allegation of a $215 mistake in the finance charge on her mortgage loan falls within the TILA’s “tolerance for accuracy,” and she has not alleged a lack of actual notice or harm from receiving only one copy of ...

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Employment Discrimination – Affirmative Action Specialist – FMLA Leave (access required)

Although a former affirmative action specialist for a global corporation claims she suffered disability discrimination and unlawful retaliation under the Americans with Disabilities Act and the Rehabilitation Act when employer did not promote her and eliminated her position while she ...

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Custody order for school enrollment vacated by justices (access required)

A Fairfax circuit judge lacked the authority to order the county school board to enroll children in a particular Fairfax school as part of a custody proceeding, the Supreme Court of Virginia ruled Sept. 28. After the enrollment order in ...

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Judge can’t specify school attendance zone (access required)

School boards, not judges, have the final say on which school a child attends, the Supreme Court of Virginia ruled Tuesday in a case from Fairfax County. A circuit judge had ordered the county school board to enroll children in ...

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Settlement unsealed in eating-disorder suit

Public access trumped privacy rights in a case that required court approval of a personal injury settlement for a minor plaintiff. Guardians of a young girl sued the Ambassador Programs Inc. after the girl, 11 years old at the time, ...

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McGuireWoods’ fees cut in class action case

A federal judge in Los Angeles has slashed McGuireWoods’ attorneys fees from $12 million to $500,000 in an antitrust case against West Publishing Corp., citing an “egregious breach of ethical duties.” The class action suit, filed by consumers who were ...

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Insurance – Duty To Defend – Storage Unit – Medical Records – VCPA (access required)

An insurance company has a duty to defend a public storage company against a physician-client’s claim that the Public Storage and codefendant Sam’s Contracting Inc. are liable under the Virginia Consumer Protection Act for the unlawful removal and destruction of ...

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Employment Discrimination – Postal Employee – Gender – Unauthorized Overtime (access required)

A male postal employee who contends he was unfairly targeted by his female supervisor and discriminated against with discipline over unauthorized overtime and other issues, has his suit alleging employment discrimination dismissed by the Newport News U.S. District Court. On ...

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Criminal – Habeas – Ineffective Assistance – Plea Negotiation (access required)

A defendant convicted of conspiracy to distribute oxycodone within 1,000 feet of an elementary school has her conviction set aside under 28 U.S.C. § 2255 due to her lawyer’s ineffective assistance of counsel during the plea negotiation process, in this ...

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