Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: FOIA Justice S. Bernard Goodwyn Supreme Court of Virginia

Where a city closed one of two roads from which appellant landowner’s commercial property could be accessed, the trial court correctly ruled this was not a taking that entitled appellant to compensation. Background The landowner’s commercial property has frontage on ...

Tagged with: Judge Leslie L. Lilley Real Estate Supreme Court of Virginia

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 ...

Tagged with: Real Estate Supreme Court of Virginia

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. ...

Tagged with: Insurance Judge Leslie L. Lilley Supreme Court of Virginia

Where a homeowner in a historic district challenged the denial of his proposed renovations, the trial court properly granted the city’s motion craving oyer of the legislative record before the city council when it affirmed the board of architectural (BAR) ...

Tagged with: Civil Practice Justice Charles S. Russell Supreme Court of Virginia

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

A sentencing enhancement for use of a dangerous weapon in an assault on law enforcement officers could not be based on the defendant’s attempted but unsuccessful use of his teeth and skull to bite and “head butt” the police. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Roger L. Gregory

In a case involving a farm warehouse fire, where the carrier’s denial of full coverage was not supported by the case law, the policy language or the facts, the family farm was entitled to recover its prejudgment interest on the ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Barbara Milano Keenan