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Author Archives: Paul Fletcher

Latest 'Writeoffs' Appeal Is Dismissed Over Procedure (access required)

The Supreme Court of Virginia has dismissed an appeal that could have reopened the issue of doctors’ “writeoffs” in personal-injury cases, a question seemingly answered loudly and clearly last summer. Last June, the high court, in Acuar v. Letourneau, 260 ...

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'Grandma' With Custody Must Pay Child Support (access required)

Even though a man was not the biological father of a 5-year-old boy, he must pay support because he signed a declaration of paternity, an Alleghany County Circuit judge has ruled. And the man’s mother, who has physical custody of ...

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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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