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Federal Courts

Dec 28, 2015

Federal jury finds for defendant in wrongful termination claim – Defense Verdict

Plaintiff was employed from May 2010 to Aug. 29, 2012, as a support staff and as instructor of electronics at one of the defendant’s private school called Shenandoah Academy. The school, located in Harrisonburg, provided educational services to elementary through high school students who were disabled and/or emotionally challenged or otherwise could not be in […]

Dec 21, 2015

Builder wins NoVa ‘noise complaint’ suit

A builder’s promise of “airport quality” noise control for a new condominium built on a busy highway in Alexandria did not support a lawsuit filed by a buyer disturbed by noise from traffic and from his upstairs neighbor. The buyer heard assurances, but an Alexandria federal court said statements by the buyer’s agent fell beyond […]

Dec 16, 2015

Verdict is $2.75M in missed diagnosis case

An Abingdon federal jury awarded $2.75 million to family members of a patient who died of a pulmonary embolism despite an emergency room visit nearly three weeks before. The Dec. 7 verdict came after a four-day trial before U.S. District Judge James P. Jones. The family’s recovery is limited to $2.05 million under Virginia’s medical […]

Dec 9, 2015

Judge bans lawyer from bankruptcy court

Concluding that a Richmond lawyer continued to practice in the U.S. Bankruptcy Court after being suspended by the Virginia State Bar, a bankruptcy judge has exiled the lawyer from that court permanently. The judge found that attorney Kenneth W. Paciocco used another lawyer’s e-filing credentials to not only continue work on existing cases, but to […]

Dec 8, 2015

Carrier must defend defamation claim

A man sued by his business partner for defamation could call on his homeowners insurance policy for a defense in the suit, a Richmond U.S. District Court said on Nov. 24. “Business” exclusions in the homeowners and umbrella policies issued to the insured by Travelers Casualty and Surety Company did not bar coverage, the court […]

Dec 3, 2015

Employer nullified its own arbitration clause

A federal appeals court has ruled that a cellphone salesperson’s overtime pay class action can go to court because the employer invalidated its own arbitration clause. The decision by the 4th U.S. Circuit Court of Appeals affirms the wisdom that employers need to find a vehicle other than the employee handbook for their arbitration provisions. […]

Nov 30, 2015

Tumor reappeared twice before being diagnosed as malignant – $500,000 Verdict

In July 2008, the 28-year-old plaintiff developed a lump on the left side of her neck, just underneath the ear. The lump was removed by an ENT physician in Manassas who sent the tissue sample to Lab Corp. A pathologist at Lab Corp could not rule out a cancerous lesion, so she sent the sample […]

Nov 30, 2015

Legal malpractice claim untimely, judge rules

A couple on the hook for a faulty easement in a real estate deed will get another chance to sue their lawyer after their first suit was deemed untimely. A Roanoke federal judge made it clear in a Nov. 10 opinion that the second lawsuit will rise or fall on whether various emails between the […]

Nov 30, 2015

Credit reporting company to pay $12M

Virginia consumer lawyers have scored a judgment worth nearly $12 million in a class action against a credit reporting company that deliberately obscured sources of information on credit reports. The misleading information likely hampered consumers trying to discover the sources of unfavorable credit data on their reports. The agreed judgment followed a ruling last year […]

Contract being examined
Nov 25, 2015

Lawyer’s payout forfeiture barred by ethics rule

A law firm cannot enforce a 50-percent penalty clause in its payout contract for departing attorneys who take firm clients with them, an Alexandria federal judge has ruled. The Nov. 6 ruling could be worth as much as $150,000 to the departing lawyer, according to figures disclosed in an earlier opinion in the case. The […]

Nov 24, 2015

Widow sues lawyers in debt relief case

With a discredited national debt relief company in bankruptcy, a Virginia widow who claims to be a victim is targeting the company’s lawyers with a federal lawsuit. An Ashland lawyer is among the defendants in the suit filed by 84-year-old Mary Woodie of Charlottesville. Represented by both a legal aid office and a Washington attorney, […]

Nov 19, 2015

LeClairRyan accused of gender discrimination

A former partner at the Richmond-based LeClairRyan law firm is accusing the firm of discriminating against her and other female attorneys in pay and promotion decisions. Michele Burke Craddock claims she was denied credit for bringing in a case that later produced fees of more than $20 million for the firm. She alleges other female […]

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