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Author Archives: Paul Fletcher

Plaintiffs test limits of post-Doss law (access required)

A man claiming he was fired for a hip disability can bring a Bowman wrongful discharge claim based on the Virginians with Disabilities Act, a Newport News Circuit judge has ruled. The holding addresses an issue raised in the wake ...

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Evidence learned later no bar to suit (access required)

After-acquired evidence of employee misconduct will not bar a public-policy wrongful discharge claim, a Fairfax Circuit judge has ruled in a case of first impression in Virginia. The defendant can introduce the evidence, and the jury can decide what weight, ...

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VBA backs 3 for E.D. (access required)

The Virginia Bar Association has endorsed three Fairfax Circuit judges for an upcoming federal judgeship in the Eastern District of Virginia. The association’s committee on federal judgeships for the Eastern District found Judges Gerald Bruce Lee, Jane Marum Roush and ...

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Anderson: Be ready for changes to profession (access required)

WILLIAMSBURG–Philip S. Anderson looks at the future of the legal profession, and one picture he sees is gloomy. He imagines what law will be like if the profession travels the same path as the medical profession: Pure market-driven capitalism takes ...

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VBA backs 3 for E.D. (320856) (access required)

The Virginia Bar Association has endorsed three Fairfax Circuit judges for an upcoming federal judgeship in the Eastern District of Virginia. The association’s committee on federal judgeships for the Eastern District found Judges Gerald Bruce Lee, Jane Marum Roush and ...

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Highway worker had ?used? truck, gets UIM (access required)

A highway worker killed while placing lane closing signs along a stretch of Interstate 64 was “using” his employer’s truck, the Supreme Court of Virginia has ruled. As a result, his estate is entitled to underinsured motorist coverage under the ...

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Mechanic?s lien was OK, though extra was claimed (access required)

Even though a road paving company filed a mechanic’s lien that included costs not part of the project, the company need not lose its lien, a Stafford County Circuit judge has ruled. The court can strike the improper portion and ...

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?Weak? punitives claim allowed to go to trial (access required)

Even though the basis for a punitive damages claim in a fraud suit was “weak, vague and conclusory,” the plaintiffs could take the claim to trial, a Spotsylvania County Circuit judge has ruled. Whether the plaintiffs had a punitives claim ...

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Allen selects Bumgardner (access required)

Gov. George Allen announced last Wednesday that he will appoint Judge Rudolph Bumgardner III of Staunton to the Virginia Court of Appeals. Bumgardner will take the seat following the resignation of Chief Judge Norman K. Moon, who will assume a ...

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?As is? sale of house permitted (access required)

A homebuyer who signed an “as is” contract for a house could not later claim constructive fraud by the sellers, a Chesterfield Circuit judge has ruled in a case of apparent first impression. Virginia Code Sect. 55-517 et seq., passed ...

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