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News Stories

Nov 28, 2022

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 […]

Unsung Legal Heroes 2022
Nov 28, 2022

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, […[...]

Nov 21, 2022

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 […]

Nov 21, 2022

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 […]

Nov 21, 2022

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 […]

Nov 21, 2022

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 [&[...]

Nov 21, 2022

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 […]

Nov 14, 2022

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 […]

Nov 14, 2022

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 […]

Nov 14, 2022

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 […]

Nov 14, 2022

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 […]

Nov 14, 2022

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 […]

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