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Monthly Archives: January 2011

U-turn by on-duty officer causes traffic crash – $395,000 Settlement (access required)

An on-duty Richmond police officer made an illegal U-turn into the plaintiff’s vehicle. Investigation disclosed the officer was not in “hot pursuit,” so the city ultimately agreed to settle the claim. The case was complicated by the plaintiff’s pre-existing cervical ...

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Jury trial waiver forfeited in scheduling order (access required)

Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine ...

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Bill would give government automatic pre-trial appeal

A General Assembly bill apparently aimed at lawsuits against Virginia Tech would give the state government a pre-trial appeal of right to the Virginia Supreme Court whenever a trial court denies the defense of sovereign immunity. Senate Bill 1381 is ...

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District judge rejects ‘Twiqbal’ for affirmative defenses

An Alexandria U.S. District Court judge says the heightened pleading standard under Twombly and Iqbal does not apply to affirmative defenses. Last year, magistrate judges in both the Eastern and Western Districts of Virginia said the standard – which requires ...

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Courts split over sealing overtime-pay settlements

A Norfolk U.S. District Court has refused to seal an overtime-pay settlement even though the employer argues disclosure of the settlement could prompt other claimants to overvalue their individual cases. The ruling comes in Baker v. Dolgencorp Inc., Virginia’s newest ...

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Jolly good Fellows (Class of 2011)

The Virginia Law Foundation held its annual induction dinner in Williamsburg last night. Induction as a Fellow is a special honor conferred by the VLF Board on selected Virginia attorneys, law professors, and retired members of the judiciary who are ...

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Apartment mold claim advances on Building Code theory

A Richmond federal judge says a couple who alleges damage from mold infestation can sue their landlord for negligence per se, on a theory the landlord violated Virginia’s Uniform Statewide Building Code. The Supreme Court of Virginia has not addressed ...

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Municipal – Cell Phone Towers – Special Exception Permit (access required)

An Alexandria U.S. District Court grants summary judgment to defendant county, whose denial of a wireless communication company’s application for a special exception permit to build a wireless telecommunications facility on the grounds of the Mount Vernon Masonic Lodge #219, ...

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