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Opinion Digests

Closed sessions to discuss library closure violated VFOIA (access required)

A county board of supervisors violated the Virginia Freedom of Information Act by improperly going into closed sessions, and by discussing matters than went beyond the scope of the stated reason for going into closed sessions. Background The Smyth-Bland Regional ...

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No private right of action under relocation assistance act (access required)

Where highway construction required appellant to relocate his dental practice, his suit against the highway commissioner for statutory benefits under the Virginia Relocation Assistance Act was properly dismissed. There is no private right of action under the VRAA. Overview Appellant ...

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Subrogation waiver does not apply to condo owner’s tenant (access required)

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. ...

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Discipline, ostracization are not adverse employment actions (access required)

Even if a Nigerian doctor hired as a hospitalist was disciplined, suffered social ostracization and was assigned to less favorable working conditions because of his race, the actions in this case did not constitute adverse employment actions. Background The district ...

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Employee terminated for conduct, not his race or complaints (access required)

Where the record reflected legitimate concerns that the communication skills of a former Old Dominion University employee were impaired, that the impairment was affecting his work and that he repeatedly failed to attend a required evaluation, it was his  conduct, ...

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Salesperson’s unpaid commission claims reinstated (access required)

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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