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Author Archives: Christine Wright

Seeds would be part of marijuana's weight (access required)

For a criminal defendant caught with marijuana, the difference between a class one misdemeanor and a class five felony may come down to “seeds and stalk.” The state’s failure to exclude seeds and stalk when calculating marijuana’s weight can be ...

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General Assembly: VaREAL wins some, loses some (access required)

Lay settlement companies have been conducting real estate closings in Virginia for more than a decade; they are not going to be rousted out by lawyers during one General Assembly session. That interpretation has been adopted by the Virginia Real ...

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Wife loses money put into business (access required)

During a divorce, a wife cannot recoup the $60,000 she contributed to a construction business started while she and her husband were married, a Fairfax Circuit judge has ruled. The husband ran the business, which ultimately failed, but the judge ...

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IRA withdrawal to pay lawyer is 'income' (access required)

Suppose one of your divorce clients takes some of the money awarded to her in the divorce, puts it into an Individual Retirement Account, then wants to withdraw some of it to pay you for past legal services. How do ...

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Bowman claim allowed for age discrimination (access required)

A 79-year-old farm laborer who claims his employer fired him because of his age can sue in state court under the Bowman public-policy exception, a Fauquier County Circuit judge has ruled in a case of apparent first impression. As the ...

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Mother's promise to disinherit daughter trumps will (access required)

A daughter who released any interest in her mother’s estate in exchange for cash while her mother was alive cannot inherit anything under her mother’s will, the Virginia Supreme Court has ruled in a case of first impression. Even though ...

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New limits on Bowman used fast (access required)

The Supreme Court’s curtailment of the controversial Bowman public-policy exception earlier this month has given one employer a quick victory in a sexual-harassment case. A Martinsville Circuit judge ruled Jan. 18 that a secretary cannot sue her employer, a music ...

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NOVA Law (access required)

A mentally disabled man who was taunted about sexual matters and was physically assaulted by male co-workers cannot sue under Title VII, the 4th U.S. Circuit Court of Appeals has ruled. A hostile-environment claim cannot lie for same-sex harassment between ...

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Statute required for Bowman claim (access required)

A repairman who was fired because he refused to fix a car in a manner he considered unsafe cannot sue under the Bowman public-policy exception, the Virginia Supreme Court has ruled. The repairman failed to identify a statute establishing a ...

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Admissions can't be based on depositions (access required)

A defendant in a wrongful-death suit cannot serve requests for admissions that are based on discovery depositions, a Buchanan County Circuit judge has ruled. The judge refused to allow this paper discovery because he found it was improper under Virginia ...

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