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Author Archives: Virginia Lawyers Weekly

After state nonsuit, plaintiff states federal wage claim (access required)

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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Appeal of jurisdictional discovery order was frivolous (access required)

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

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State-law claims for storage damage survive (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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Young woman suffered head injury in wreck – $850,000 Verdict (access required)

On July 28, 2017, the plaintiff was a 17-year-old rising high school senior who was driving a Saturn in the right lane on Interstate 81 near Staunton when a tractor-trailer merged into the back of her car, causing it to ...

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Man burned in chemical accident settles claim 12 years later – $2,084,578 Settlement (access required)

On March 3, 2005, the claimant, then a 27-year-old chemical mixer in good health, suffered severe injuries while mixing chemicals for an industrial chemical distributor in Roanoke. He sustained chemical burns to 60 percent of his body. The life-altering accident ...

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018-2-188 – Reyes v. Waples Mobile Home Park Ltd. P’ship

Reyes v. Waples Mobile Home Park Ltd. P’ship, Case No. 17-1723, Sept. 12, 2018. 4th Cir. (Floyd), from EDVA at Alexandria (Ellis). Archith Ramkumar for Appellant; Michael Sterling Dingman for Appellee. VLW No. 018-2-188, 36 pp. Full-Text Opinion

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018-2-187 – Sierra Club v. VEPCO

Sierra Club v. VEPCO, Case No. 17-1895, Sept. 12, 2018. 4th Cir. (per curiam), from EDVA at Norfolk (Gibney). Jeffrey A. Lamken for Appellant; Frank S. Holleman III for Appellee. VLW No. 018-2-187, 24 pp. Full-Text Opinion

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