Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Americans with Disabilities Act Employment Law Judge James P. Jones U.S. District Court - Western District

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 ...

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 ...

Tagged with: Gov. Ralph Northam Prince William County Virginia Circuit Courts Virginia General Assembly

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. ...

Tagged with: Judge Charles N. Dorsey Judge Gary A. Mills Judge W. Reilly Marchant Traffic stop Virginia Circuit Courts

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 ...

Tagged with: Custody Judge Robert J. Humphreys Virginia Court of Appeals

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 ...

Tagged with: client judge sex

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 ...

Tagged with: Judge David J. Novak Judge Patricia Kelly U.S. District Court - Eastern District Virginia Circuit Courts Whistleblower wrongful termination

A favorable ruling from a Fairfax County judge earlier this year encouraged Virginia criminal defense attorneys to challenge the common practice of trying misdemeanor cases without a prosecutor taking part. A similar bid to block a no-prosecutor trial was rebuffed ...

Tagged with: Criminal Law No-prosecutor trial

Employees who took advantage of a shift in a U.S. Army contract to form their own company and compete with their former employer did not violate their duty of loyalty to that employer, an Alexandria federal magistrate judge has ruled. ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge David J. Novak retaliation