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Author Archives: Paul Fletcher

Bankruptcy Law: Money from noncompete not exempt (access required)

Payments due a debtor under a noncompete agreement should be included in his bankruptcy estate, the 4th U.S. Circuit Court of Appeals has ruled in a case of first impression. The debtor sought to have the money classified as “earnings ...

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VSB dues to drop $6 more (access required)

The decrease in Virginia State Bar dues will be “ratcheted down” another six dollars, the VSB Executive Committee has announced. The $16 drop will take effect in time for this summer’s dues statements, assuming approval by the Virginia Supreme Court, ...

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NOVA Law–Dad's visitation cut short by sons' sports (access required)

A father’s visitation with his sons should be altered to fit the boys’ baseball and soccer schedules, a Fairfax Circuit judge has ruled. The father, who had been seeing the boys every other week, instead got them one long weekend ...

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Man has no Title VII claim against male boss (access required)

A man claiming his male supervisor sexually harassed him did not state a Title VII claim, the 4th U.S. Court of Appeals has ruled. The three-judge panel of the 4th Circuit agreed that the plaintiff, a photo technician, was subjected ...

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Bar to study if discipline is disparate (access required)

The Virginia State Bar will examine whether all lawyers are treated alike in the disciplinary process, regardless of individual factors such as race, gender, firm size or location. This study follows one of the recommendations from the 1995 audit of ...

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Tenant can't sue project over attack (access required)

A housing project did not have a duty to protect an elderly resident from the attack of a trespasser, a Wise County Circuit judge has ruled. To tag the project for liability, the plaintiff needed to plead and show a ...

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NOVA Law: Fairfax may host civil interpreter pilot project (access required)

A Hispanic woman in Northern Virginia is having problems with her estranged husband. She needs to go to court to enforce a protective order against him. She gets a court date and prepares to tell it to the judge, but ...

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Retiree hit for support from imputed income (access required)

When setting spousal support, a divorce court may impute income to a retired man at the salary he could earn if he were employed, the Virginia Court of Appeals has ruled. The decision pushes the retiree back into the work ...

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Testimony on evidence lost by expert excluded (access required)

A defendant doctor cannot use evidence of a medical test after her expert lost a glass slide showing the results, a Fairfax Circuit judge has ruled in a case of first impression. The slide was lost after defense experts examined ...

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Breach of good faith under UCC not a tort (access required)

A borrower cannot sue a bank in tort for a breach of the duty of good faith under the Uniform Commercial Code, the Virginia Supreme Court has ruled in a case of first impression. A contract claim may exist for ...

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