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Author Archives: Paul Fletcher

Retention Claim Needs Underlying Wrongful Act (access required)

An independent insurance agent cannot sue an insurance company for negligent retention of a branch manager who allegedly made sexually harassing comments to her, because the manager’s conduct was not actionable in its own right, a federal judge in Roanoke ...

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Carrico Celebrates 40 Years (access required)

Harry L. Carrico has been a member of the Supreme Court of Virginia for 40 years, and its Chief Justice for 20. Carrico’s long service — he is the longest-serving chief justice in Virginia history — was celebrated at a ...

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Company Can't Force Arbitration On FLSA Pact (access required)

Even though an employee signed an enforceable agreement to arbitrate any claims arising from his employment, he still can pursue a lawsuit based on the Fair Labor Standards Act, a federal judge in Alexandria has ruled. The FLSA contains language ...

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Plaintiff Can't Compel Travel For Depositions (access required)

The plaintiff company in a declaratory judgment action over coal contracts cannot compel the officers of the defendant to travel from Pennsylvania to Abingdon for depositions, a federal magistrate judge in that town has ruled. Although she ruled the defendant ...

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Carrier That Denied Claim Can Be Sued For Emotional Harm (access required)

Policyholders who suffered a fire loss can pursue damages for emotional harm in their bad-faith breach of contract suit against their insurance company, a federal judge in Abingdon has ruled in a case of apparent first impression. Citing the Restatement ...

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Comp Carrier Can't Assert Lien On Lawyers' Payout (access required)

A workers’ compensation carrier did not have a lien against the portion of a tort settlement paid to an injured worker’s lawyers, a federal judge in Alexandria has ruled. The judge said the carrier had only a subrogation right, giving ...

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The Best Of 2000 – Top News Stories (access required)

The top legal news story of 2000 is really as much a political story as a legal one, and it didn’t even take place in Virginia: The just-completed presidential election, in which Al Gore became the first presidential candidate ever ...

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Despite Pact, Dad Must Pay Support (access required)

Although a couple’s agreement called for a renegotiation of child support upon the “first event of emancipation” of their four children, the father nevertheless is liable for $106,137 in arrearages after he unilaterally reduced his payments when one child turned ...

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Not Filing Doesn't Forfeit Comp Lien (access required)

Even though a workers’ compensation insurer did not file a petition or motion before a woman recovered in her lawsuit against a negligent third party, the carrier does not lose its lien against the proceeds, a Roanoke City Circuit Judge ...

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Dealer Cannot Compel Warranty Arbitration (access required)

Where a customer signs a retail sales contract for a mobile home, then a separate document entitled, “Arbitration Agreement,” the mobile home dealer cannot invoke a mandatory arbitration clause in the second document, a federal judge in Harrisonburg has ruled ...

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