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Contract – Attorney's Fees – Reasonable Fees – Defective Pavement (access required)

A paving company’s rejection of two earlier offers to settle this contract dispute, and its recovery at trial of $1,000 less than a settlement offer are factors to be considered by the court in determining a “reasonable” attorney’s fee, and ...

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Workers' Comp – Dancer's Knee Injury – Average Weekly Wage (312218) (access required)

1995 W.C. Comm. (VLW 095-10-50) Baires v. Embassy Suites Workers’ Comp Refusal Of Selective Employment – Lack Of Babysitting Although a hotel housekeeper’s inability to find a babysitter did not justify her refusal of light-duty employment, she was justified in ...

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Workers' Comp (312234) (access required)

Teacher A teacher of disabled students who suffered injuries to both her legs in October 1991 and who received an award for medical expenses in 1993 is not entitled to an additional award for time missed from work because her ...

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Medical Malpractice – Joint Tortfeasor's Release – Damages Cap (access required)

A $2 million medical malpractice verdict against a hospital must be reduced to $1 million under the statutory damages cap, Va. Code § 8.01-581.15, prior to crediting the hospital for the $600,000 paid by a cardiology practice that was a ...

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Civil Rights – ADA – Rehabilitation Act – 'Morbidly Obese' Prisoner – Qualified Immunity (access required)

Virginia corrections officials have qualified immunity from a lawsuit filed by a “morbidly obese” prison inmate who claimed that the officials’ failure to make certain modifications to accommodate him violated his rights under the Rehabilitation Act of 1973, 29 U.S.C. ...

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Contract – Turkey Grower – Contract For Indefinite Period – S.C. Law (access required)

An oral contract under which a South Carolina farm was to grow turkeys for a soup company was “indefinite in time” and was to continue so long as the farm performed satisfactorily, thus taking the contract outside the South Carolina ...

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Employment Discrimination – Title VII – Iranian National Origin – Constructive Discharge & Harassment (access required)

An Iranian engineer employed by a Baltimore power company may try his Title VII claims of harassment and constructive discharge, based on the engineer’s allegations that he complained to at least five members of the power plant’s staff but ultimately ...

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