An ERISA disability claimant scored a rare win this month as a federal judge in Abingdon interpreted a new decision from the U.S. Supreme Court. The case is Winebarger v. Liberty Life Assurance Co. (VLW 008-3-318). It was decided by ...
Read More »Monthly Archives: August 2008
Judge gives plaintiff ERISA win with new high court case
Employment Discrimination – Age – Stock Buyout – ERISA Claim 
A Charlottesville U.S. District Court says a 55-year-old engineer and corporate officer, who was replaced by a 45-year-old vice president of operations and who claims he was fired because of age discrimination, has failed to state a claim under the ...
Read More »Smokes-smugglers ring snuffed out in Alexandria 
ALEXANDRIA — Authorities say they’ve broken up a major cigarette-smuggling ring in Northern Virginia. According to documents filed in federal court, conspirators in New York paid smugglers in Fairfax County more than $4 million for about 200,000 cartons of cigarettes ...
Read More »Kaine backs preservation plan for Fort Monroe 
Governor Tim Kaine is endorsing a plan for the future of Fort Monroe, saying it ensures the preservation of the historic Hampton property for generations to come. The governor on Tuesday backed a plan developed by the Fort Monroe Federal ...
Read More »Civil Rights – College Student Expulsion – Sexual Misconduct Offense – Due Process 
A Roanoke U.S. District Court grants summary judgment to defendant dean of student affairs at Radford University on plaintiff student’s claim under 42 U.S.C. § 1983 alleging he was denied due process in the university’s expulsion of the student for ...
Read More »Liberty U. fined for wetland, stream damage 
LYNCHBURG—Liberty University has agreed to pay $9,270 in fines for minor wetland and stream damage resulting from a dorm project. Department of Environmental Quality enforcement officer Marvin Booth says the damage involved a small amount of forest wetlands and 65 ...
Read More »VDOT launches new traffic info Web site 
The Virginia Department of Transportation is launching an improved 511 traffic information Web site. Officials say the new site allows travelers to personalize information about construction, accidents and driving directions. Travelers can also receive free mobile alerts. The free 511 ...
Read More »Low-impact rear-end collision causes chronic pain to back – $400,000 Verdict 
Plaintiff is a 56-year-old Korean woman who testified via interpreter. She was struck from behind by the defendant while stopped at a traffic light. There was little to no damage to the rear of the plaintiff’s vehicle, and defense counsel ...
Read More »UVa: No signs at ball games will be tolerated 
CHARLOTTESVILLE—The University of Virginia is enacting a new policy that bans all signs at its athletic events. The Charlottesville school notified students of the policy last week. Athletics department officials say the change is intended to support and promote sportsmanship ...
Read More »Student has kneecap removed due to infection after surgery – Defense Verdict 
On July 16, 2000, the plaintiff, who was a student and a gymnast, was injured while hiking and fell approximately 40 feet into a body of water. She suffered an open patellar fracture and was taken to a local emergency ...
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