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Author Archives: Peter Vieth

Headaches meet test for woman’s ADA claim (access required)

Unpredictable, debilitating migraine headaches alleged by a former employee are enough to support a wrongful termination claim under the Americans with Disabilities Act, according to a ruling from an Abingdon federal judge. The plaintiff contends her stroke-like headaches left her ...

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Legislators grill judges seeking new terms (access required)

A handful of Virginia trial judges faced tough questions on Dec. 10 as legislators pressed for explanations of low performance scores and complaints about workplace issues. Four judges on the legislative griddle were among more than 50 incumbent circuit and ...

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At the breaking point: Prince William County seeks additional circuit judgeship (access required)

Frayed rope about to break

With a dozen legislators of both parties on board, a request to add a seventh judge to the circuit bench in fast-growing Prince William County seems likely to prevail at the 2022 General Assembly. The request, which is supported by ...

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Legal at the time: Another judge holds traffic stop changes not retroactive (access required)

New laws limiting police traffic stops for minor offenses should not restrict prosecution of cases that arose from stops before those laws took effect, a Virginia trial judge has ruled. In Commonwealth v. Eberhardt (VLW 021-8-129), Richmond Circuit Judge W. ...

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A step too far — Court: Dismissing dad’s custody appeal too harsh (access required)

A Richmond circuit judge should not have tossed out a father’s appeal of a child custody ruling just because the father shared a confidential psychological report with his new wife, the Court of Appeals of Virginia has ruled. The trial ...

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Former judge accused of sex with client (access required)

A Roanoke juvenile and domestic relations judge who quietly stepped down from the bench this year had been making payments to a former client to conceal a sexual relationship, according to charges brought by the Virginia State Bar. The former ...

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Messenger protected: Two courts, two opinions on Bowman claim for whistleblowers (access required)

Despite a contrary earlier opinion from a federal court, a Hanover County circuit judge says employees can sue for tort damages claiming they were fired for blowing the whistle on safety problems. The Oct. 22 ruling by Judge Patricia Kelly ...

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Claim rejected — Judge: No ‘Bowman’ action for safety-claim retaliation (access required)

A Richmond federal judge has rejected a state-law wrongful termination claim based on alleged retaliation against an employee who reported safety and health violations. The Bowman claim fizzled because the state code already provides a “extensive statutory remedy” that precludes ...

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