Free Newsletter
New Virginia noncompete restrictions become law
Virginia Gov. Abigail Spanberger signed SB 170 restricting noncompete enforceability against employees discharged without cause unless severance is provided.
Supreme Court backs jurisdiction in FAA arbitration case
The U.S. Supreme Court affirmed federal court jurisdiction to confirm and vacate arbitration awards under the FAA in Jules v. Andres Balazs Properties.
Employment – Chief of police isn’t ‘employer’ under VHRA
The Virginia Court of Appeals affirmed dismissal of a disability accommodation suit against Chief of Police Cynthia McAlister under the VHRA.
Employment – Hampton Roads Transit prevails on former employee’s claims
Hampton Roads Transit prevailed on summary judgment in disability claims filed by Avanti Garedo under the Rehabilitation Act in EDVA Norfolk.
Employment – Suit over Covid face masks was filed too late
The 4th Circuit affirmed dismissal of a raytheon suit alleging religious discrimination over covid mask policies, ruling the claims were filed after the statute of limitations.
Free speech and whistleblower claims dismissed in edva high school teacher suit
Zenaida Perez's free speech and whistleblower claims against Fairfax County School Board were dismissed by the EDVA court due to immunity and insufficient allegations.
4th Circuit: Employer’s comp program doesn’t fall under ERISA
The 4th U.S. Circuit Court of Appeals ruled Merrill Lynch’s WealthChoice Awards do not qualify as an employee pension benefit plan under ERISA.
Employment – Failure to exhaust administrative remedies dooms Title VII suit
Avala Rose's Title VII suit was dismissed by the 4th Circuit for failure to exhaust administrative remedies after missing the 15-day filing deadline.
US agency sues New York Times, accusing it of bias against white male employee
The EEOC sued the New York Times alleging violation of Title VII by passing over a white male employee for promotion due to diversity policies.
Employment – Correctional officer’s suit is dismissed
The western district of Virginia dismissed correctional officer Nancy Crockett’s claims of discrimination, retaliation, and harassment under the Rehabilitation Act and Title VII.
Employment- Class certified in suit over religious exemption from COVID-19 vaccinations
The U.S. District Court for the Western District of Virginia certified a class of UVA Health employees denied religious exemptions from COVID-19 vaccination mandates.
Employment- No retaliation where decisionmaker was unaware of protected activities
The Virginia Western District Court granted summary judgment on VHRA retaliation claims where the decisionmaker was unaware of protected activities in Brake v. Liberty University.
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery $2.05 million settlement
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
- Search & Seizure – Warrantless search of vehicle excused by protective sweep exception
