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Tag Archives: Judge Richard E. Gardiner

‘Goods or Chattels’: Divorced couple’s frozen embryos can be partitioned

A Virginia circuit court vacated its order that a divorced couple couldn’t partition their frozen embryos under Code § 8.01-93, analyzing more than 100 years of statutory history to reach its conclusion. The couple’s separation agreement didn’t determine what to ...

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Employment discrimination claim survives demurrer

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

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

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

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

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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