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Author Archives: Paul Fletcher

ADA Plaintiff May Stay in Federal Court (access required)

Where a man claiming handicap discrimination filed his charge with the EEOC and the Virginia Council on Human Rights declined to take action, he can proceed on his Americans with Disabilities Act claim in federal court, a U.S. Magistrate Judge ...

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State Farm Lists 'Most Dangerous Intersections' (access required)

The next time you have to drive through Fairfax County, let’s be careful out there. Four of the five “most dangerous intersections” in Virginia are in the county, according to a study just released by the State Farm Mutual Automobile ...

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Trust document didn?t create 'separate' goods (access required)

A divorce judge erred when he construed a “Revocable Living Trust Agreement” to give one-half of a couple’s property to the wife as a gift, the Court of Appeals of Virginia has ruled in a case of first impression. In ...

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Criminal Statute Can Back Bowman Suit (access required)

A woman can base a Bowman wrongful-discharge claim on criminal statutes prohibiting indecent exposure, assault and battery and sexual battery, a Richmond Circuit judge has ruled. The case is apparently only the second statewide to allow a Bowman claim based ...

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Loudoun's Zimmerman Gets VSB G.P. Award (access required)

VIRGINIA BEACH — Leesburg attorney Eric Zimmerman was awarded the Virginia State Bar’s Tradition of Excellence Award at the VSB Annual Meeting June 19. The award is presented annually by the VSB General Practice Section to an attorney who has ...

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Title VII Plaintiff Gets Knocked Out Of Court (access required)

Where a Title VII plaintiff failed to pursue sex discrimination claims under state law first, her Title VII claim must be dismissed in federal court, a federal judge in Abingdon has ruled. The ruling goes to the heart of a ...

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Indemnity Clause Turned On Man Collecting Bill (access required)

A company can use a contractual indemnification clause to collect attorney’s fees from a consultant after he sued them for not paying the full amount of his bill, the Supreme Court of Virginia has ruled. After a lower court had ...

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Carrier Hit For Breach Of Its Duty To Defend (access required)

Where an insurance company breaches its duty to defend a personal injury suit against a policyholder, the carrier must pay the full judgment against the insured, plus interest, costs and expenses incurred, a Staunton Circuit judge has ruled. The carrier ...

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Advice Of Counsel Helps Moot Conspiracy Verdict (access required)

An Alexandria Circuit judge has overturned a $3.3 million civil conspiracy verdict in a case that involved failed negotiations for the purchase of an accounting firm and employees moving to a competing firm. Among his reasons: The defendants, who included ...

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New Cases On 'Write-Offs' Split 2-3 (access required)

The fight over doctors’ write-offs continues. The issue, as always, is one of damages. An injured plaintiff goes to a health care provider and receives medical attention. The provider, thanks to a prior arrangement with an insurance company, a health ...

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