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Author Archives: Correy E. Stephenson

4th Circuit recognizes ‘overtime gap time’ claim under FLSA

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the ...

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First impression: Absolute privilege may apply to lis pendens

Answering a question of first impression, the Virginia Supreme Court unanimously ruled that the filing of a lis pendens is part of a judicial proceeding for purposes of establishing absolute privilege against a defamation claim. However, Judge William C. Mims ...

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Former DSS director advances wrongful termination claim

A former Department of Social Services (DSS) director can move forward on her First Amendment retaliation and wrongful termination claim against a member of the DSS Board and County Board of Supervisors, a federal court judge has ruled. But U.S. ...

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Juror’s use of Twitter doesn’t equal impropriety

A former justice of the West Virginia Supreme Court, convicted on 11 criminal counts in a week-long trial, challenged his convictions and sought an evidentiary hearing claiming one of the jurors improperly checked her Twitter account during the trial.  But ...

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