2012 January | Virginia Lawyers Weekly

Intracompany Complaints Are ‘Protected Activity’

By Deborah Elkins
Published: January 31, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Labor

A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was terminated for her intracompany complaints. Plaintiff was a medical technologist at defendant laboratory. She met [...]

Mom Must Pay Dad’s Attorney’s Fees

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

The Court of Appeals affirms a denial of a protective order to mother but remands for a determination of her ability to pay $14,000 in attorney’s fees awarded by the trial court; the trial court’s evidentiary rulings were not an abuse of discretion. Parents divorced when daughter was an infant. In March 2010, mother petitioned [...]

No Change for Dad’s Move

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms the trial court’s denial of father’s motion to modify spousal support and custody/visitation for changed circumstances; neither father’s move nor mother’s alleged underemployment support making a change Husband and wife separated after 14 years of marriage and three children, only one a minor at the time of the divorce. Father, [...]

Dad’s Meritless Appeal Nets Attorney’s Fees

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms a trial court’s divorce decree awarding wife spousal support, equitable distribution of $19,927.50 and the former marital residence; each award is supported by the law and evidence and husband must pay wife’s attorney’s fees for presenting numerous unsupported questions. Husband and wife separated after seven years of marriage and no [...]

Lawyer opposes public notice bill

By Virginia Lawyers Weekly
Published: January 30, 2012

Dear Editor, I have just seen a copy of Senate Bill 664, offered to the Senate Jan. 20, 2012, by its patron, Sen. Ralph K. Smith. The purpose of the bill is to amend and reenact §15.2-107.1 of the Virginia Code, by inserting “or instead of’ in the first line. I am not aware as [...]

Bring back office of Appellate Defender

By Virginia Lawyers Weekly
Published: January 30, 2012

Dear Editor: I write in support of the budget amendment introduced by Sen. Chap Petersen that will reestablish the Appellate Defender’s office. In 2009, the Appellate Defender’s office was shuttered, a victim of budget cuts. Now we have an opportunity to reestablish this office on a small scale (the budget amendment is $275,000 for two [...]

Woman sues over mold in military rental housing

By Virginia Lawyers Weekly
Published: January 30, 2012

NORFOLK—A company that manages rental housing for military families in Hampton Roads is being sued by a woman who claims she was sickened by mold in her home. Richmond-based lawyer David S. Bailey filed the lawsuit on behalf of Shelley Federico against Lincoln Military Housing last week. Bailey said he represents another half dozen families [...]

Gov. McDonnell kicks off food drive for businesses

By Virginia Lawyers Weekly
Published: January 30, 2012

Virginia’s business community should launch a competitive food drive to help nonprofit organizations feed people across the state who are hungry. That’s according to Gov. Bob McDonnell, who on Wednesday announced the “Governor’s Bowl” food and fund drive, an effort modeled after the legal community’s “Legal Food Frenzy” The partnership includes the Virginia Chamber of [...]

Former Virginia Beach lawyer sentenced for fraud

By Virginia Lawyers Weekly
Published: January 30, 2012

NORFOLK—A former Virginia Beach lawyer will spend five years in prison for bilking more than $390,000 from the estate of a deceased client. A federal jury convicted 52-year-old Brian Gay last October on charges of mail and wire fraud, false statements and unlawful monetary transactions. U.S. Attorney Neil H. MacBride says Gay was sentenced Tuesday [...]

Roanoke Law Foundation to award scholarships

By Virginia Lawyers Weekly
Published: January 30, 2012

The Roanoke Law Foundation is accepting applications for the 2012 James N. Kincanon Scholarships, which will be awarded to graduating high school seniors or students attending a four-year college, university or law school. The scholarship program was established in 1997 in honor of James N. Kincanon, in recognition of his 50 years of service as [...]