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Tag Archives: Judge Roger L. Gregory

Driver fired over sick day has valid discrimination claim (access required)

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness has a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...

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Career criminal enhancement must be based on specified offenses (access required)

Where a defendant was incorrectly sentenced as a career criminal based on a drug conviction that did not support the application of the enhancement, the career criminal designation could not be upheld based on the defendant’s state robbery conviction because ...

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Environmental groups’ challenge to pipeline rejected (access required)

The Sierra Club and other environmental groups failed to persuade the court that Virginia erred in issuing permits required for the construction of the Atlantic Coast natural gas pipeline. Background The Atlantic Coast Pipeline is a proposed interstate natural gas ...

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Mitigation evidence should have been considered (access required)

The trial court erred in not addressing important mitigation evidence related to defendant’s mental health or how his mental health issues caused him to pursue litigation strategies that were contrary to his own interest and consequently raised his sentencing exposure. ...

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Agreement was insurance contract, arbitration clause void (access required)

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

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