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News in Brief

Judge Prosser announces retirement

Frederick County Circuit Judge John Prosser has announced he will retire in March. The Northern Virginia Daily reports Prosser advised the public Monday, after notifying the Supreme Court on Friday. Prosser, a former Winchester lawyer, was first appointed to the ...

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Bill would give government automatic pre-trial appeal

A General Assembly bill apparently aimed at lawsuits against Virginia Tech would give the state government a pre-trial appeal of right to the Virginia Supreme Court whenever a trial court denies the defense of sovereign immunity. Senate Bill 1381 is ...

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District judge rejects ‘Twiqbal’ for affirmative defenses

An Alexandria U.S. District Court judge says the heightened pleading standard under Twombly and Iqbal does not apply to affirmative defenses. Last year, magistrate judges in both the Eastern and Western Districts of Virginia said the standard – which requires ...

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Courts split over sealing overtime-pay settlements

A Norfolk U.S. District Court has refused to seal an overtime-pay settlement even though the employer argues disclosure of the settlement could prompt other claimants to overvalue their individual cases. The ruling comes in Baker v. Dolgencorp Inc., Virginia’s newest ...

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Apartment mold claim advances on Building Code theory

A Richmond federal judge says a couple who alleges damage from mold infestation can sue their landlord for negligence per se, on a theory the landlord violated Virginia’s Uniform Statewide Building Code. The Supreme Court of Virginia has not addressed ...

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List of ‘Attorneys Not in Good Standing’ on VSB site

The Virginia State Bar website now has a third button to click to check on the status of an attorney – “Attorneys Not in Good Standing.” That button supplements buttons for “Attorneys Without Malpractice Insurance” and “Disciplined Attorneys.” In most ...

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