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Author Archives: Deborah Elkins

Civil Procedure – Protective Order – FLSA Case (access required)

In this FLSA pay case, a Charlottesville U.S. District Court denies the parties’ joint motion for reconsideration of the court’s denial of a protective order to place a confidential settlement agreement and general release permanently under seal. The court, no ...

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Civil Procedure – Settlement Agreement – Judicial Review – Confidentiality Clause (access required)

A Charlottesville U.S. District Court denies a joint motion for approval of a settlement agreement in this FLSA pay case, under which defendant would pay plaintiff $50,000 and defendant would pay directly to plaintiff’s counsel attorney’s fees of $25,000, as ...

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Civil Rights – Schools – IDEA – Private Tuition Reimbursement (access required)

Contrary to the hearing officer’s determination, defendant school system failed to evaluate a disabled student for specific learning disability and failed to provide the student with a free and appropriate public education as required by the Individuals with Disabilities Education ...

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Employment Discrimination – Race – Attorney’s Fees (access required)

A Norfolk U.S. District Court denies an employer’s motion for attorney’s fees dating from July 22, 2009, the date on which defense counsel formally advised plaintiff’s counsel the case was without merit, in this Title VII race discrimination suit. Plaintiff, ...

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Lawyer’s notice to carrier not too late

A Richmond U.S. District Court upheld a jury verdict for a lawyer whose malpractice carrier denied coverage because of an alleged late notice of claim. But the court set aside nearly all of the $8,400 damage award to the lawyer. ...

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No give-back for $3M ED award

A husband who voluntarily paid a $3 million equitable distribution award and $72,000 of wife’s attorney’s fees has forfeited his right to challenge the court-ordered payments on appeal, the Court of Appeals said yesterday. But the husband got a consolation ...

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Wills & Trusts – No-Contest Provision – Stepson Executors – Widow’s Lawsuits (access required)

A widow’s 12-count bill of complaint filed in 2002 and her 2004 motion for judgment alleging conversion and seeking $2.1 million from her husband’s estate, challenging what she called the “will from hell,” triggered the will’s no-contest provision, and a ...

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Contract – Stock Redemption – Subordination Agreement – Fraud (access required)

A former executive with Arrowpoint, a Virginia IT government contractor, can sue Arrowpoint, a related company Arrowpoint International and Arrowpoint’s president and CEO Chrystle Small for fraud arising from the exec’s agreement to sell his interest in Arrowpoint back to ...

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