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Tag Archives: Judge Rebecca Beach Smith

Termination after injury had valid disability discrimination claim (access required)

Where a physical therapist was unable to perform certain job duties after being injured on the job and was terminated shortly after asking her employer for a reasonable accommodation that would have enabled her to perform all essential functions of ...

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Inmate’s wrongful death suit settles for $3 million (access required)

An inmate’s death at the Hampton Roads Regional Jail, which led to the enactment of legislation outlining procedures for the “review of death of inmates in local correctional facilities,” has now resulted in a $3 million wrongful-death settlement. Background Jamycheal ...

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Foreclosure was not breach of deed of trust (access required)

Equity Trustees did not breach a deed of trust with the plaintiffs when it completed a foreclosure sale of the plaintiffs’ property. Plaintiffs argued that RoundPoint Mortgage, which was also a defendant, failed to complete preconditions of foreclosure, rendering Equity ...

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Parties to consent decree should be included in action to approve it (access required)

The Commonwealth of Virginia was entitled to intervene in an action to approve a proposed consent decree to which it was a party and other parties with obligations under the proposed settlement agreement were joined in the action because they ...

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Plaintiff’s complaint amended to eliminate defendants (access required)

A plaintiff who sued four defendants, but then experienced difficulty serving them, was allowed to amend its complaint to eliminate claims against these defendants. Although the one named-and-served defendant argued it should be allowed to keep the other defendants in ...

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Withdrawal of job offer due to body mass index did not violate the ADA (access required)

An employer that withdrew a job offer to a prospective employee after a physical revealed that the prospective employee had a body mass index that qualified as obese did not violate the Americans with Disabilities Act where the employer was ...

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