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Virginia Lawyers Weekly » Opinion Digests
  • Employment - Public Employee - Wrongful Discharge - Bowman 
    A Warren County fraud investigator for a local services department can sue her employer for wrongful discharge under a Bowman exception to the employment-at-will doctrine, based on allegations that her employer prevented her investigation of fraud cases and her cooperation with the prosecutor, and that her grand jury appearance contributed to her termination.
    I sustain [...]

  • Domestic Relations - Equitable Distribution - Foreclosure 
    A husband and wife who lost the marital home to foreclosure in February 2010 and who appear to have abandoned a time-share in a Florida condominium have no real estate assets for division in equitable distribution, but the Roanoke County Circuit Court will make a property division of the parties’ vehicles and reserve wife’s right [...]

  • Criminal - Drug Prosecution - Certificate - Chemical Analysis 
    In this prosecution for felony possession of a controlled substance, a Fairfax Circuit Court rejects defendant’s motion to exclude a certificate of analysis as based on scientifically unreliable evidence, a chemical analysis performed on the suspected controlled substance, cathinone.
    To identify the substance, the chemists performing the tests used a gas chromatograph equipped with two separate [...]

  • Unemployment Comp - Medical Receptionist - Insubordination - Patient Departures 
    A medical receptionist whose insubordination and discourteous conduct caused at least three patients of the medical practice to take their business elsewhere is not entitled to unemployment compensation because he was discharged due to misconduct, in this Roanoke County Circuit Court case.
    Employer’s testimony was that petitioner, in spite of repeated verbal counseling by his supervisor, [...]

  • Civil Procedure - Default Judgment - Personal Jurisdiction - Corporate Agent 
    A Fairfax Circuit Court has in personam jurisdiction over defendants, a New Jersey resident and principal of a New Jersey LLC, on plaintiff Virginia company’s claim for fraud, even though the principal says he was acting for the LLC when the contract was executed in Virginia between the companies; the court says it has personal [...]

  • Consumer Protection - Fair Credit Act - Libel - Injunctive Relief 
    On a matter of first impression, a Fairfax Circuit Court holds that the Fair Credit Reporting Act preempts injunctive relief requested by plaintiff under his common law libel action for a credit reporting agency’s alleged retention of false information about plaintiff, and the request for injunctive relief is dismissed.
    In March 2009, when plaintiff applied to [...]

  • Domestic Relations - Child Support - Material Change - Private School 
    Evidence relating to a child’s past and anticipated enrollment in private school and daycare does not show a material change of circumstances since the court last entered a child support award, and the Richmond Circuit Court will leave support as set in the prior order.
    You will recall the evidence focused on expenses relating to the [...]

  • Insurance - Fire Damage - Subrogee 
    In this action by an insurer as subrogee against defendant insurer, for indemnity seeking payment it made to its insured, a Richmond Circuit Court considers the parties’ cross-motions for summary judgment and grants defendant’s motion.
    The parties’ cross-motions for summary judgment raise the question of whether the defendant insurer, which insured the lessee of the real [...]

  • Municipal - Rental Inspection Districts - Landlords’ Challenge  
    A Fairfax Circuit Court rejects plaintiff landlords’ challenge to a local ordinance that created two rental inspection districts that encompassed all of Fairfax City, and holds that the ordinance was within the express power granted under the enabling statute and the court has no authority to look behind the city council’s factual findings in support [...]

  • Corporate - Non-Stock Corporation - POAA - Ultra Vires 
    Homeowners in Olde Belhaven Towne, which is incorporated as a Virginia non-stock corporation, have stated a claim that defendant property owners’ association’s enactment of a Penalties Resolution to impose fines to enforce use restrictions was an ultra vires act, but a Fairfax Circuit Court dismisses the owners’ claim that an architectural review committee’s denial of [...]

| Date published: Fri, 03 Sep 2010 14:21:53 +0000
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