Virginia Lawyers Weekly VA Lawyers Weekly

A Family Dollar employee who failed to show up for work two days in a row without notifying her manager was terminated for the unexcused absences and not her age, prior complaints about her manager or her prior leave. Background Family ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Allison Jones Rushing

A former CEO of an electronics recycling company failed to get his convictions for securities fraud and conspiracy to commit money laundering overturned because he could not support his allegations that the district court erred by denying his motions for ...

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

The circuit court properly granted defendants’ demurrers to plaintiff’s claim against them for the tort of interference with parental rights. Further, plaintiff’s defamation claim against one defendant is dismissed because the complained-of statements are not actionable. Facts Michael Wilson and ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Tort

A commonwealth’s attorney can be sued for defamation because the complained-of statements, his explanation of why he fired a long-time employee shortly after he took office, are not covered by absolute quasi-judicial immunity. Background Baker, the appellee in this case, ...

Tagged with: Justice William C. Mims Supreme Court of Virginia Tort

The circuit court’s orders sanctioning appellant are void because the court never acquired personal jurisdiction over him. Overview Appellant McCarthy was previously employed by the law firm of Leiser, Leiser & Hennessey, PLLC, where Phillip and Karen Leiser were partners. ...

Tagged with: Civil Practice Supreme Court of Virginia

Where the evidence showed there was only one agreement between appellant and another to obtain money by false pretenses from three individuals, the circuit court erred by convicting appellant of three counts of conspiracy. A caselaw exception to the common-law ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where police had an objectively reasonable basis to believe appellant was attempting suicide, their entry without a warrant into his apartment was justified under the Fourth Amendment’s emergency aid exception, as was a “cursory sweep” of the apartment, which revealed ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Even though plaintiff slipped and fell on ice, suffered a compensable back injury and received 500 weeks of temporary total disability benefits, she is not entitled to a total and permanent award. Plaintiff suffers from a combination of other conditions ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers’ Comp

Where a police officer patrolling a college dormitory smelled marijuana coming from one of the rooms and covered the door’s peephole with his hand before knocking, this was not a Fourth Amendment search. The circuit court properly denied a motion ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

The trial court correctly refused appellant’s proffered jury instruction in this involuntary manslaughter case because it did not accurately state the law. Further, giving the proffered instruction, which stated that if the jury found the shooting was an accident, it ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals