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Tag Archives: Judge Richard E. Gardiner

Employment discrimination claim survives demurrer (access required)

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

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Condo sale before testator’s death adeemed legacies (access required)

Where the bequests to certain beneficiaries were to be funded from the sale of the testator’s condominium, the sale of the condominium before the testator’s death adeemed the bequests. The Commissioner of Accounts erred by concluding otherwise. Her recommendation that ...

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Punitive damages claim survives demurrers (access required)

A claim for punitive damages in a wrongful termination case is allowed to proceed after surviving demurrers from the defendant employer. An additional claim by the plaintiff for attorney fees was not allowed to proceed after the defendant’s demurrer was ...

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Punitive damages available in public policy discharge case (access required)

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

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Stalking elements not proved in protective order petition (access required)

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

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Order barring support changes is void ab initio (access required)

Where a court order provided that father could not seek a modification of his child support obligation until he became current on his payments, the order is void ab initio because it “diminishes the court’s power to decree support[.]” Voidness ...

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Statute bars punitive damages in power of attorney case (access required)

Where the court found that defendant breached fiduciary duties by violating the Uniform Power of Attorney Act, plaintiff’s damages are limited to recovery of the lost funds and reimbursement for attorney’s fees and costs. The act does not authorize an ...

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