Schmitz v. U.S. Department of Defense Office of Inspector General, Case No. 1:21-cv-415, May 18, 2022. EDVA at Alexandria (Ellis). VLW 022-3-213. 11 pp. Full-Text Opinion
Read More »022-3-213 – Schmitz v. U.S. Department of Defense Office of Inspector General
School principal offers evidence of FMLA retaliation 
Where a former high school principal offered an affidavit from a school board member saying he was told she was demoted because she took leave under the Family Medical Leave Act, or FMLA, the school board’s summary judgment motion on ...
Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District
Read More »022-3-206 – Jenkins v. Russell County School Board 
Jenkins v. Russell County School Board, Case No. 1:20-cv-00058, May 17, 2022. WDVA at Abingdon (Jones). VLW 022-3-206. 12 pp. Full-Text Opinion
Read More »Suit dismissed over administrative technicality 
Where a former Town of Abingdon employee exhausted her administrative remedies, but her complaint failed to allege that she had done so, and the court could not rely upon the extrinsic evidence showing exhaustion, the suit was dismissed with leave ...
Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District
Read More »022-3-204 – Reichler v. The Town of Abingdon 
Reichler v. The Town of Abingdon, Case No. 1:21-cv-70637, May 16, 2022. WDVA at Abingdon (Jones). VLW 022-3-204. 10 pp. Full-Text Opinion
Read More »Competitor denied bid to intervene in zoning dispute 
Where a company alleged that Culpepper County wrongfully denied its application to build a new telecommunications tower, a competitor’s motion to intervene was denied because it failed to show a direct interest in the property or that its interests were ...
Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District
Read More »022-3-205 – Tillman Infrastructure LLC v. The Board of Supervisors of Culpepper County Virginia 
Tillman Infrastructure LLC v. The Board of Supervisors of Culpepper County Virginia, Case No. 3:21-cv-40, May 16, 2022. WDVA at Charlottesville (Moon). VLW 022-3-205. 5 pp. Full-Text Opinion
Read More »Reinstatement and back pay ordered 
Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to ...
Tagged with: Employment Justice LeRoy F. Millette Jr. Supreme Court of Virginia
Read More »022-6-026 – LaRock v. City of Norfolk
LaRock v. City of Norfolk, Record No. 210260 (Millette) (Kelsey, dissenting in part, joined by Chafin) May 19, 2022. From the Circuit Court of the City of Norfolk.. W. Barry Montgomery (KPM Law, on briefs), for appellant. Michael A. Beverly, ...
Read More »VAPA limits application of harmless error doctrine 
Where the reviewing courts ruled that the state health commissioner’s misinterpretation of regulatory terms was an error of law and applied a harmless error analysis to conclude that the commissioner correctly denied appellant’s application to expand its cardiac care program, ...
Tagged with: Administrative Justice Lawrence L. Koontz Jr. Supreme Court of Virginia
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