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Entries Tagged as 'Civil Cases'

No contract ‘clawback’ for public employee

June 13th, 2012 · Comments Off · Circuit Courts, Civil Cases

A Norfolk city agency cannot collect contract damages against the supervisor of a “no-show” employee for the money the agency paid the absent employee, a Norfolk Circuit Court says. Virginia contract law does not provide a basis to hold a public employee liable for agency mismanagement, the court said. The Norfolk Community Services Board filed [...]

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JMU settles lawsuit over basketball coach hire

April 27th, 2012 · Comments Off · Civil Cases

James Madison University has settled the lawsuit that accused the school of raiding basketball recruits from a New York college after JMU hired that school’s coach. JMU will pay $100,000 to Marist College under terms of the settlement, reports the Poughkeepsie Journal. Marist sued both JMU and basketball coach Matt Brady in 2009, accusing Brady [...]

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I’Bad faith’ suit stayed in $4M case

April 10th, 2012 · Comments Off · Civil Cases, U.S. District Court

A Richmond federal court has applied the brakes to an auto-accident plaintiff’s attempt to collect a $4 million judgment she won in Richmond state court last October. Sheila Womack, a 29-year-old office assistant, claimed she suffered a head injury when Jerrene Yeoman made an improper left turn and their cars collided. Yeoman admitted liability, but [...]

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‘Parenting agreement’ triggered support change

March 27th, 2012 · Comments Off · Civil Cases, Virginia Court of Appeals

A couple’s arbitrated custody decision under their “Parenting Agreement” did not let a father immediately adjust support when their daughter moved in with him. The divorcing parties signed a “Parenting Agreement” that said they would equally share custody of their two children, and would resolve outstanding issues through arbitration. Under the terms of the resulting [...]

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Employment agreements ‘ambiguous’

March 25th, 2012 · Comments Off · 4th Circuit, Civil Cases, U.S. District Court

An employee contract clause calling for a $100,000 annual benefit for a surviving spouse is ambiguous, prompting the 4th Circuit to vacate judgment against the employee’s widow and send the case back for another look. When Hampton Roads music promoter David Williams went to work for Cellar Door Management, or CDP Inc., in 1994, he [...]

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Construction dispute scheduled for third trial

March 5th, 2012 · Comments Off · Civil Cases, U.S. District Court

A long running court battle over claims of race discrimination and breach of contract in a Danville public construction project is headed for a third trial in the wake of a hung jury last month. The case of Carnell Construction and its claim of mistreatment by the Danville housing authority brought a $3.17-million jury verdict [...]

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Appeals court upholds punitives against landlord

February 29th, 2012 · Comments Off · 4th Circuit, Civil Cases

Yesterday a federal appeals court upheld a $100,000 punitive damage award for a tenant in an Arlington high-rise whose lease was not renewed because of her persistent complaints about her allergies to smoke, mold and paint fumes. Plaintiffs Linda and Domenic Matarese sued Smith Property Holdings, the owner of Archstone Pentagon City in Arlington, management [...]

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Lawyer’s letters enough for bigger fee

February 14th, 2012 · Comments Off · Civil Cases

Good lawyers know sometimes it only takes the right letter to the right person to win a client’s case. The Workers’ Compensation Commission recognized as much last week when it boosted the attorney’s fee for a claimant’s lawyer. Richmond lawyer Robert L. Flax recovered a total benefit of $33,125 for the claimant, with $11,433 paid [...]

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Man claims he was sucker punched by officer

February 14th, 2012 · Comments Off · Civil Cases, U.S. District Court

A Sterling man claims a police video shows a Loudoun County officer knocking him unconscious from behind as he stood with his hands in the air. The alleged 2009 assault occurred as the former deputy sheriff responded to a report of an incident at a shopping center. The civil rights lawsuit filed by Carlos Garcia [...]

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Mom can get QDRO for child support

December 20th, 2011 · Comments Off · Civil Cases, Virginia Court of Appeals

A mother could attach a father’s federal retirement account to collect a child support arrearage, the Virginia Court of Appeals said today. It did not matter that the mother had waived any personal interest in the retirement account in a premarital agreement, the appellate panel said. In Nkopchieu v. Minlend, the panel reversed an Alexandria [...]

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