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News in Brief

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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Bond denied for former prosecutor

A federal judge Monday denied bond for former Winchester Commonwealth’s Attorney Paul H. Thomson based on a charge of witness tampering and a positive drug screen. A DEA affidavit claims Thomson, 56, tried to manipulate statements by his alleged former ...

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Save drug court funding, judges plead

While lawyers and their organizations pressure the General Assembly to find money to fill vacant judgeships, Roanoke judges say they hope the state’s drug courts don’t become a target for Richmond budget cutters. “Every year we have to ask for ...

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