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Author Archives: Christine Wright

DUI double jeopardy turned down (access required)

The double-jeopardy argument in drunken-driving cases is taking its last gasp in Virginia’s state courts. The Virginia Supreme Court has dismissed the petition for appeal in the seminal case decided by the Court of Appeals. The case, well-known to criminal ...

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Roanoke judge follows age discrimination order (access required)

A black bank employee can sue his employer for wrongful discharge based on both age and race discrimination, a Roanoke Circuit judge has ruled. In ruling on age discrimination, the judge relied on an unpublished order issued by the Virginia ...

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No Bowman claim for sex harassment (access required)

An employee who worked in an atmosphere “pervaded with sexual slur” has no claim for sexual harassment under the Bowman public-policy exception, a federal judge in Harrisonburg has ruled. The judge concluded that “discrimination” as recognized by the Virginia Supreme ...

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Bowman age claim allowed by high court (access required)

A 59-year-old manager who was fired and told his job was being eliminated, then was replaced by a 28-year-old, has a claim for age discrimination under the Bowman public-policy exception, the Virginia Supreme Court has ruled. The decision is the ...

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Bowman pregnancy claim not affected by new case (access required)

A Newport News Circuit judge has rebuffed a motion to reconsider his prior decision allowing a woman to sue under the Bowman public-policy exception for pregnancy discrimination. The judge was not swayed by the employer’s invocation of a January Virginia ...

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Elder Law: Friend of elder can't transfer funds from joint account (access required)

Elderly people often create joint bank accounts with their friends or family members to help them manage their affairs. But what rights do the friends or family members have in these joint accounts? The answer was unclear in the commonwealth ...

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Forgetful eyewitness 'unavailable' at trial (access required)

A murder eyewitness was deemed “unavailable” at trial when he said on the stand that he could not remember anything about the murder, the Court of Appeals has ruled in a case of first impression. Since the eyewitness was unavailable, ...

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Experts can't testify on the ultimate issue (access required)

Two doctors should not have been allowed to testify that the wounds a plaintiff sustained after falling off a jet ski were caused by a rotating propeller on a rescue boat, the Virginia Supreme Court has held. The doctors’ opinions ...

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Tip: Clients' shady acts can make you tread tightrope (access required)

A husband taps his own home phone to catch his wife’s adulterous phone calls. A wife calls the cops to tip them about her husband’s dope stash. A husband mails a threat to his wife during heated divorce negotiations. Divorce ...

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'Slow plea' halted (access required)

A criminal defendant who was found guilty by a jury could not then change his plea to guilty in order to take the sentencing away from the jury, the Court of Appeals has ruled in a case of apparent first ...

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