Employment - Public Employee - Grievance - Sick Leave Bank
Published: November 10, 2008
A former recreation employee for the City of Norfolk can grieve her termination with a complaint about use of the Sick Leave Bank and denial of benefits, even though her complaint asked for damages and did not clearly seek reinstatement, a Norfolk Circuit Court says.
Williams v. City of Norfolk (Norfolk Cir.Ct.) (VLW 008-8-235) (9 pp.)
Negligence - Discovery - Auto Accident Report 
Published: November 10, 2008
A Charlottesville Circuit Court grants plaintiff’s motion to order defendant to produce any and all statements taken from defendant including a statement given to Erie Insurance company within 10 days of entry of this order.
This crash occurred at approximately 8:31 p.m. on Sept. 14, 2007. Defendant gave a recorded statement on Sept. 17, 2007, to [...]
Medical Malpractice - Expert Witness Designation - Fact Witnesses
Published: November 10, 2008
Physicians who treated plaintiff are not just fact witnesses but are covered by Rule 4:1(b)(4) and plaintiff’s expert witness designation must specify the substance of the facts and opinions they rely on and the grounds for any opinions, a Richmond Circuit Court rules.
Accompanying plaintiff’s designation of experts are medical reports that plaintiff asserts inform defendant [...]
Municipal - Bond Issuance - Transportation Construction
Published: November 10, 2008
A Richmond Circuit Court grants summary judgment to defendant Commonwealth of Virginia in this suit challenging the issuance of financing bonds to raise revenue for transportation construction and projects, as a violation of Article X, Section 9 of the Virginia Constitution.
This is a proceeding testing the validity of the bond issuance under the provision of [...]
Employment - Noncompete - Trade Secrets - IT Company
Published: November 10, 2008
A noncompete that prohibits competition within “a 100-square mile radius” and would prevent a defense contractor’s former employee from reporting a terrorist threat to the Department of Homeland Security or greeting a former colleague in a grocery store, will not be enforced by a Fairfax Circuit Court; but plaintiff’s statutory trade secret claim can go [...]
Real Estate - Partition - Costs
Published: November 10, 2008
Plaintiffs who brought suits to partition real estate they acquired partly by inheritance and partly by conveyances from siblings are ordered by a Norfolk Circuit Court to each pay two-thirds of the costs of the partition in their respective suits.
In each of these partition suits, the plaintiff had a two-thirds interest in the property by [...]
Domestic Relations - Child Support Collection - Private Company
Published: November 10, 2008
A Richmond Circuit Court says the commonwealth can sue a private child support collection agency that allegedly has been conducting illegal collection practices, except for a claim for damages for parents or children allegedly wronged by defendant’s practices.
The amended complaint alleges that defendant, Child Support Enforcement (CSE), has acted on unlawful assignments of child support [...]
Attorneys - Legal Malpractice - Insurer Claims
Published: November 10, 2008
Liability and excess carriers who covered an $8.3 million verdict against the Wintergreen resort have no claim for legal malpractice under Virginia law, a Richmond Circuit Court rules.
Plaintiffs allege the Supreme Court of Virginia dismissed their appeal of an $8.3 million judgment for personal injury after defendant law firms and lawyer failed to timely file [...]
Domestic Relations - Grandparent Visitation - Deceased Mother
Published: November 10, 2008
A four-year-old girl whose biological mother died shortly after the child’s birth will have scheduled visitation with her maternal grandmother, the Court of Appeals says, even though father objects to regularly scheduled, court-ordered visitation because he fears it will interfere with his family’s schedule or the child’s social activities.
Even if we assume without deciding that [...]
Environmental - Administrative - Water Protection Permit
Published: November 10, 2008
The Court of Appeals reverses a circuit court decision that upheld the extension of a Virginia Water Protection Permit previously issued to the City of Newport News for the construction and operation of a reservoir in King William County.
On appeal, the foundation contends the circuit court erred in granting the city’s demurrers and the commonwealth [...]
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