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Tag Archives: Justice Stephen R. McCullough

Arbitrator to decide disputed contract clause (access required)

The circuit court should have granted a construction company’s motion to compel arbitration after being sued by homeowners for allegedly defective construction. An arbitrator must interpret the arbitration clause in the parties’ contract and determine whether it is impossible to ...

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FOIA exemptions improperly applied to legal fee records (access required)

The circuit court too broadly applied the attorney-client and work-product exemptions in Virginia’s Freedom of Information Act when approving a city’s redactions of invoices for legal and expert witness fees. The case is remanded for further review and to determine ...

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Litigant not entitled to unredacted legal invoices from city (access required)

While a doctor involved in litigation with the City of Virginia Beach was not entitled to entries in the city’s legal invoices that would reveal confidential information, litigation strategy, work product or legal advice, the court found the city withheld ...

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High court upholds arbitration win for Alexandria lawyer (access required)

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The Supreme Court of Virginia will not disturb an arbitration decision that absolved an Alexandria attorney of ethics accusations and slammed a plaintiff with more than $900,000 in sanctions. The decision by five justices could end a protracted battle over ...

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SCV: Whistleblowers entitled to portion of gross settlement (access required)

In a false-claims settlement for Medicaid overbilling, Virginia’s whistleblower recovery provision entitling relators to a portion of the “proceeds” referred to gross proceeds, not proceeds remaining after the Commonwealth paid appropriate Medicaid refunds to the federal government. Background The relators ...

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