Virginia Lawyers Weekly VA Lawyers Weekly

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

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

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

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

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

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

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

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

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, ...

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