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Author Archives: Paul Fletcher

Negligent retention claim OK (access required)

Where a department store chain transferred a supervisor who had been accused of sexual harassment, a woman at his new store can sue the company for negligent retention after the supervisor allegedly harassed her, a Norfolk Circuit judge has ruled. ...

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Roanoke judges split an accident reports (access required)

Three Circuit judges in the Roanoke Valley have weighed in on the issue of discovery of adjuster’s reports taken after an auto accident. The tally: An even 1 1/2 for plaintiffs and 1 1/2 for defendants. The question of whether ...

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Creditor trips over uniform act (access required)

A creditor gets a big judgment against a debtor in federal court. Since state court enforcement procedures are easier to use than the federal mechanisms, he runs to a nearby Circuit Court and gets the judgment docketed. The clerk issues ...

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Intent, signed certificate make a valid marriage (access required)

What is required for a marriage? There’s a question that has kept marriage counselors gainfully employed for years. But how can a man and woman tell if they are in fact legally married? Apparently no cases set out the exact ...

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Defense notches win on accident reports (access required)

A car-crash plaintiff cannot obtain discovery of the defendant’s statement given to his liability carrier’s adjuster three days after the accident, a Fairfax Circuit judge has ruled. This discovery question has percolated through Circuit Courts across the state in the ...

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News Analysis: Mom's move from Beach to Charlottesville allowed (access required)

A mother can move her children from Virginia Beach to Charlottesville over the father’s objection, the Virginia Court of Appeals has ruled. Although the relocation was from one city in Virginia to another, the court said that the concerns raised ...

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Plaintiff can discover data of 'review agent' (access required)

An auto-accident plaintiff can obtain discovery of an insurance carrier’s referrals to a “private review agent,” a Fairfax Circuit judge has ruled in a case of apparent first impression. The decision showcases the latest round in the war between plaintiffs ...

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State can't indict twice (access required)

The Fairfax commonwealth’s attorney cannot pursue a direct indictment of a defendant who successfully used the DUI double-jeopardy defense last summer, a Fairfax Circuit judge has ruled. A new indictment for the same incident is barred by res judicata, he ...

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High court to consider bad job reference case (access required)

The Virginia Supreme Court will hear a case in which an employer was tagged for $330,000 for a negative job reference. The writ in the case was granted the same week a Richmond Circuit judge allowed an employee to go ...

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Title VII plaintiff can go to jury on distress claim (access required)

A Title VII sexual-harassment plaintiff can go to a jury on her state claim for intentional infliction of emotional distress, a federal judge in Harrisonburg has ruled. While a claim for emotional distress as part of a harassment suit is ...

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