Free Newsletter
No treble damages under Overtime Wage Act
A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available under the Fair Labor Standards Act, or FLSA. “The court finds that the changes to […]
Class of 2022 Unsung Legal Heroes named
Virginia Lawyers Weekly is pleased to present the Unsung Legal Heroes for 2022. This program recognizes the Old Dominion’s most talented and dedicated legal support professionals. The honorees consistently go above and beyond the call of duty. This year’s class includes accounting and finance professionals, law firm administrators and office managers, paralegals and legal assistants, […[...]
Rideshare recovery: Notice of costs unnecessary for workers’ comp reimbursement
An employer’s attempt to establish a black-letter requirement that workers’ compensation claimants must provide notice of their need for transportation to a medical appointment as a condition of recovery has backfired. The employer argued that the Workers Compensation Commission erred in awarding the employee her out-of-pocket Uber expenses, and that her recovery should have been […]
Termination of father’s parental rights tossed
The Court of Appeals of Virginia vacated an order by a circuit court in Western Virginia terminating a father’s parental rights under Va. Code § 16.1-283(C)(2). The appeals court disagreed with the ruling from the Botetourt County Circuit Court, which initially found a protective order in place barred the county’s department of social services from […]
4th Circuit reverses dismissal of ADEA, Title VII claims
A plaintiff who said a required physical fitness test was a discriminatory condition of her government employment and that she was injured by a loss of income when she resigned after failing it can pursue claims under the Age Discrimination in Employment Act and Title VII. The 4th U.S. Circuit Court of Appeals reversed a […]
Claims proceed in poached piercing clients case
A business owner’s claims that her son conspired with former employees to coordinate a mass resignation and open a competing body-piercing business have survived dismissal. The defendants argued that they were at-will employees protected by the “intra-corporate conspiracy doctrine.” But Judge Marjorie A. Taylor Arrington of the Chesapeake Circuit Court said allegations that the defendants [&[...]
Bar fund pays $27,000 to reimburse clients
Former clients of five Virginia attorneys received $27,230 in reimbursement from the Virginia State Bar Clients’ Protection Fund. Payments in the most recent round of CPF reimbursements were authorized by the Virginia State Bar Clients’ Protection Fund Board on Sept. 12 and were announced by the VSB on Nov. 9. The two largest approved payments […]
Student athlete can sue university for retaliation
A former student athlete’s Title IX retaliation and intentional infliction of emotional distress claims against the College of William & Mary can go forward, a U.S. District Court judge has ruled. The plaintiff alleged that her basketball coach surveilled her and threatened to remove her from the team, which would have revoked her scholarship. “Viewing […]
No unilateral revocation of LLC voting rights
No statutory or common law right exists allowing members of a limited liability company, or LLC, to unilaterally revoke an assignment of voting rights to another member, according to a recent ruling from a Northern Virginia circuit court. Judge David Oblon of the Fairfax County Circuit Court explained that “[n]o statutory authority directly addresses the […]
Attorneys’ fees severable from arbitration agreement
A clause in an arbitration agreement awarding attorneys’ fees to the prevailing party can be severed, because the Virginia Values Act only entitles a plaintiff to an award of attorneys’ fees, the Western District of Virginia has ruled. As a result, a remote worker’s wrongful termination claims must be submitted to arbitration pursuant to her […]
Top court orders public access to bail hearing
The Supreme Court of Virginia has reversed a trial court’s decision closing a pretrial bail hearing to the public and sealing records in the case of a Newport News police officer indicted for murder. The plaintiff newspaper publishers claimed the commonwealth failed to show a substantial probability that the officer’s right to an impartial jury […]
Celebrating 2022’s Leaders, Up & Coming Lawyers
Legal luminaries from across the commonwealth came together for Virginia Lawyers Weekly’s Leaders in the Law and Up & Coming Lawyers awards program. The honorees for the Class of 2022 were celebrated at a recognition awards event on Oct. 25 at the John Marshall Ballrooms in downtown Richmond. Leaders in the Law honors attorneys whose […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
