Hearken to this textThis week, Virginia Attorneys Weekly presents a compilation of the Most Necessary Opinions from July to December 2023. You’ll discover greater than 100 instances highlighted under. Our recap of the Most Necessary Opinions from January by means of June may be discovered right here.
“Necessary Opinions” seem in print and on-line every week. These are the instances chosen by our editorial workers as probably to impression legislation observe or a given topic space of legislation.
— Kelly Caplan
Administrative
Administrative – Supply drivers
The place the Virginia Employment Fee decided that Flex supply drivers for Amazon had been workers, somewhat than impartial contractors, there was no error. Amazon Logistics v. Virginia Employment Comm’n et al., VLW 023-7-371 (32 pp.)
Administrative – Improper venue
The place the Virginia State Air Air pollution Management Board repealed prior laws made regarding Virginia’s participation within the Regional Greenhouse Gasoline Initiative, or RGGI, Floyd County, and never Fairfax County, is the right venue for a go well with difficult the board’s authority to take action. Affiliation of Vitality Conservation Professionals, et al. v. Virginia State Air Air pollution Management Board, et al., VLW 023-8-078 (16 pp.)
Administrative – Wine transport license
The place the Alcoholic Beverage Management Act requires a separate license for every place of job “‘the place the manufacture, bottling, distribution, use or sale of alcoholic drinks shall be carried out[,]’” appellee wine shipper’s Virginia license issued to its California enterprise doesn’t cowl different places the place appellee’s distributors fulfill buyer orders. Virginia Alcoholic Beverage Management Authority v. Zero Hyperlinks Markets, VLW 023-7-323 (23 pp.)
Arbitration
Arbitration – Impartial contractor
The place a lady agreed to arbitrate “any and all disputes between the Events” when she signed on to a cell app owned and administered by Walmart that enables impartial contractors to offer buying and supply companies for retailers and shoppers, the settlement to arbitrate utilized to the claims the lady introduced towards Walmart arising out of her visiting the shop in her private capability. Smith v. Walmart Inc., VLW 023-3-480 (13 pp.)
Arbitration – Break up resolution
The place two corporations agreed {that a} dispute over hire can be determined by a panel of three arbitrators, a 2-1 resolution by the panel was binding on the events. Though the shedding get together argued that unanimity was required, the lease confirmed in any other case. Norfolk Southern Railway Firm v. Zayo Group LLC, VLW 023-2-271 (14 pp.)
Attorneys
Attorneys – Malpractice
The place a person sued his former chapter legal professional for malpractice, however he couldn’t present that his claimed damages resulted from her alleged breaches, she prevailed within the go well with. Labgold v. Regenhardt, VLW 023-3-702 (15 pp.)
Banking
Banking – Fraudulent transfers
The place a buyer went to her financial institution and requested transfers of cash, as a result of an individual who later turned out to be a fraudster advised her to make the transfers, this declare towards the financial institution was dismissed. Underneath Va. Code § 8.4A-202(a), the client bears the accountability for “approved” fraudulent transfers. Carter v. Wells Fargo Financial institution Nationwide Affiliation, VLW 023-3-524 (9 pp.)
Chapter
Chapter – Contract interpretation
The place the chapter court docket erroneously concluded {that a} contract was unambiguous, and did not completely contemplate extrinsic proof, it erred. SES Americom Inc. v. Intelsat US, VLW 023-3-368 (57 pp.)
Civil Apply
Civil Apply – Anonymity
The place a person suing his former faculty baseball coach moved to proceed underneath a pseudonym, his movement was denied. He failed to point out anonymity was wanted to protect privateness in a matter of delicate and extremely private nature or that there was a danger of retaliation. And it could be unfair for him to proceed anonymously whereas subjecting the coach to reputational hurt. Doe v. Kuhn, VLW 023-3-416 (8 pp.)
Civil Apply – Arbitration clause
The place the contract governing a zoo’s buy of a practice from defendant contained an arbitration clause, the difficulty of the clause’s validity can’t be delegated to the arbitrator. Virginia Zoological Society v. Western Practice Co., VLW 023-8-045 (18 pp.)
Civil Apply – Attorneys’ charges
The en banc court docket overruled its prior precedent and joined each different circuit to determine the difficulty in holding that when a preliminary injunction supplies the plaintiff concrete, irreversible aid on the deserves of her declare and turns into moot earlier than remaining judgment as a result of no additional court-ordered help proves mandatory, the following mootness of the case doesn’t preclude an award of attorneys’ charges. Stinnie v. Newcomb, VLW 023-2-210 (58 pp.)
Civil Apply – Baby assist calculations
The place plaintiff was receiving wrongful loss of life annuity funds arising from her mom’s loss of life in a visitors accident, the funds shouldn’t be included in plaintiff’s gross revenue “for functions of calculating baby assist[.]” Horn v. Smith, VLW 023-8-059 (4 pp.)
Civil Apply – Conservatorship
The place a conservator didn’t report among the decedent’s accounts to the commissioner of accounts and made “questionable disbursements” from one in all them, the trial court docket “didn’t err in confirming the Commissioner’s report and coming into a remaining order forfeiting [the conservator’s] bond.” Minor, et al. v. Heishman, VLW 023-7-396 (30 pp.)
Civil Apply – Contract arbitration
Appellants waived their proper to arbitrate their dispute with a buyer the place they didn’t assert it till after they responded to appellee’s criticism and the circuit court docket had already granted appellees a default judgment. Metropolis-to-Metropolis Auto Gross sales, et al. v. Harris, VLW 023-7-335 (14 pp.)
Civil Apply – COVID tolling
The place plaintiffs’ explanation for motion accrued throughout a COVID-19 judicial emergency, they’re solely entitled to the tolling interval after the reason for motion accrued. They don’t seem to be entitled to tolling earlier than their explanation for motion accrued. Aluko v. Brown, VLW 023-8-075 (7 pp.)
Civil Apply – Default judgment
The place defendants defaulted in a case of alleged fraud, they will reopen the default judgment “as much as two years after entry by merely alleging the plaintiff testified untruthfully to safe it. … [T]he defaulting get together should then show the plaintiff materially lied, defrauding the court docket.” Chung v. Kim, et al., VLW 023-8-038 (8 pp.)
Civil Apply – Faulty enchantment discover
The place a zoning code compliance inspector issued a discover of violation, or NOV, as a result of the prior proprietor of appellant’s property erected a carport with no constructing allow, the enforcement motion is dismissed. Calway v. Metropolis of Chesapeake, VLW 023-7-453 (10 pp.)
Civil Apply – ‘Frivolous and vexatious’ fits
The place the claims asserted weren’t well-grounded in actual fact or legislation, or didn’t current a superb religion argument to increase, modify or reverse present legislation, and the place plaintiffs have beforehand filed prior “frivolous and vexatious” litigation, they’re enjoined from submitting any lawsuit towards sure named entities with out the court docket’s prior permission. Toombs, et al. v. Board of Supervisors of Charlotte County, et al., VLW 023-8-044 (7 pp.)
Civil Apply – Authorized malpractice
The place appellant sued his prison protection counsel for malpractice, he adequately pleaded that he was truly harmless of grand larceny from the particular person. Wright v. Graves, VLW 023-7-405 (16 pp.)
Civil Apply – Legal responsibility
The place the court docket beforehand held that plaintiffs and their former counsel had been collectively and severally accountable for defendants’ legal professional charges, the court docket amends its earlier order and imposes legal responsibility solely on plaintiffs’ former counsel. Johnson, et al. v. Bella Gravida, LLC, et al, VLW 023-8-064 (23 pp.)
Civil Apply – Mistrial, professional hac vice revocation
The place an legal professional violated the federal guidelines, native guidelines and court docket rulings, and allegedly engaged in different conduct that adversely impacted the trial, his professional hac vice standing was revoked. And since his conduct resulted in prejudice that might not be cured by a cautionary instruction, a mistrial was granted on the fifth day of trial. Haysbert v. Bloomin’ Manufacturers Inc., VLW 023-3-506 (22 pp.)
Civil Apply – Private damage motion
The place the circuit court docket dismissed plaintiff’s refiled go well with on the premise of the statute of limitations, there was no error. Clutteur v. Rosier, VLW 023-7-429 (19 pp.)
Civil Apply – Private damage declare
The place appellant sued a janitorial service and its insurer after she slipped and fell on a waxed ground, res judicata doesn’t bar a private damage motion towards the janitorial service. Johnson v. Rock Stable Janitorial, et al., VLW 023-7-440 (11 pp.)
Civil Apply – Progress be aware
The place a progress be aware ready by a drug counselor indicated that plaintiff broke his foot because of a seizure, the trial court docket appropriately dominated that plaintiff’s assertion was an admission towards get together curiosity and thus admissible in a negligence trial, through which plaintiff alleged he broke his foot after defendant rear-ended his SUV. West v. Lemmer, VLW 023-7-443 (9 pp.)
Civil Apply – Punitive damages cap
Virginia’s statutory cap on punitive damages “applies on a per-lawsuit foundation. A plaintiff might not stack a number of punitive harm caps per declare inside the identical lawsuit. Bavely v. Geneva Enterprises, Inc., VLW 023-8-081 (17 pp.)
Civil Apply – Res judicata
The place a home-owner beforehand filed fraud and federal legislation claims in a state-court go well with towards one in all these defendants right here, and so they had been dismissed by the state-court choose, that dismissal operated as res judicata on this federal-court go well with. Though this go well with raised extra claims, the factual allegations underlying these claims had been already thought of by the state court docket within the earlier go well with. Ballesteros v. MTGLQ Traders LP, VLW 023-3-717 (12 pp.)
Civil Apply – Sanctions
The place plaintiff filed a shareholder-derivative motion towards the bulk shareholder of a intently held company and was sanctioned for bringing the go well with, he had standing to enchantment the sanctions order. Monroe, derivatively on Behalf of MEPCO Supplies, Inc. v. Monroe, et al., VLW 023-6-021 (11 pp.)
Civil Apply – Settlement settlement
The place events signed an enforceable settlement settlement, and the plaintiff thereafter refused to dismiss his claims as required by the settlement, he breached the settlement and was answerable for the defendants’ cheap legal professional’s charges associated to the proceedings to implement the settlement. David v. En Pointe Productions LLC, VLW 023-3-557 (13 pp.)
Civil Apply – Six-month tolling provision
The place a person well timed filed his civil rights go well with, then voluntarily dismissed it with out serving the defendant after which filed a second go well with inside six months from the date of the voluntary dismissal, the second go well with was well timed underneath the six-month tolling provision in Va. Code § 8.01-229. Jackson v. Whited, VLW 023-3-693 (9 pp.)
Civil Apply – ‘Ability video games’
The place the Basic Meeting enacted a ban on “ability video games,” the circuit court docket erred by granting respondents a brief injunction to forestall enforcement of the ban. The ban doesn’t implicate the First Modification’s free speech protections. Quite, it prohibits the playing facet of the video games. Commonwealth, et al. v. Sadler Brothers Oil Co. d/b/a Sadler Journey Plaza, et al., VLW 023-6-023 (12 pp.)
Civil Apply – Sovereign immunity
The trial court docket appropriately dismissed appellant’s age discrimination declare underneath the Virginia Human Rights Act, or VHRA, towards Virginia Commonwealth College. The VHRA doesn’t expressly waive sovereign immunity. Fogelman v. Commonwealth, et al., VLW 023-7-366 (8 pp.)
Civil Apply – Standing
The place two Fairfax County college students with disabilities, their mother and father and a incapacity advocacy group requested the court docket to declare that Virginia’s Individualized Schooling Program evaluation course of violated the People with Disabilities Schooling Act, or IDEA, however every of the plaintiffs lacked standing, the go well with was dismissed. D.C. v. Fairfax County College Board, VLW 023-3-429 (13 pp.)
Civil Apply – Subpoena to former counsel
The place appellant legal professional issued a witness subpoena to a celebration’s former counsel, the court docket correctly sanctioned him as a result of the previous counsel couldn’t testify with out violating the attorney-client privilege. Kublan v. Humphreys, VLW 023-7-269 (9 pp.)(Unpublished per curiam opinion)
Civil Apply – Veterinary bills
The place a canine was injured by a veterinary’s alleged negligent remedy, the trial court docket appropriately denied the veterinary’s movement to restrict damages to the canine’s truthful market worth. Blue Pearl Veterinary Companions, et al. v. Anderson, VLW 023-7-261 (7 pp.)
Civil Apply – Virginia nonsuit statute
The place the federal court docket borrows a state limitations interval, all related state guidelines governing the tolling of the constraints interval come together with it. As such, the place a former worker well timed filed go well with underneath the Rehabilitation Act in circuit court docket, then filed a movement for voluntary nonsuit after which refiled go well with in federal court docket, he was entitled to the tolling of the constraints interval granted by Va. Code Ann. § 8.01-229(E)(3). Massey v. Virginia Polytechnic Institute and State College, VLW 023-2-202 (17 pp.)
Civil Apply – Writ of possession
The place the circuit court docket granted the Division of Veterans’ Affairs abstract judgment and awarded a writ of possession towards a defaulting borrower, we reverse and remand as a result of the VA did show it had legitimate title to the property. Neal v. Secretary of the Dep’t of Veterans Affairs, VLW 023-7-419 (8 pp.)
Civil Apply – Wrongful loss of life
The place plaintiff property sued two LLCs that function an assisted residing facility for wrongful loss of life, alleging that plaintiff’s decedent died as a result of they didn’t adjust to COVID-19 protocols, defendants’ demurrer is “fully overruled.” Clancy v. Tribute at One Loudoun, LLC et al., VLW 023-8-083 (11 pp.)
Civil Apply – Zoning enchantment
The place the circuit court docket reviewed a board of zoning appeals resolution, the court docket might take proof underneath Code § 15.2-2314. Graydon Manor v. Board of Supervisors of Loudoun County, VLW 023-7-445 (10 pp.)
Civil rights
Civil Rights – Free Train Clause
The place a detainee alleged that he requested a correctional official so as to add him to the Ramadan record greater than two weeks earlier than the beginning of the quick and that he notified two different officers of his non secular observe wants only some days into the Ramadan celebration, but none of those defendants took steps to allow him to hitch the non secular quick, he plausibly alleged a declare for violation of rights secured by the Free Train Clause. Sanders v. Hamilton, VLW 023-3-555 (13 pp.)
Constitutional
Constitutional – First Modification retaliation
The place the previous participant alleged that the coach minimize him from the group, inflicting him to lose his scholarship, in retaliation for a criticism the participant made with the faculty, his First Modification retaliation declare survived the coach’s movement to dismiss. Peyton v. Kuhn, VLW 023-3-755 (8 pp.)
Constitutional – Title IX investigation
The place a Virginia Tech scholar alleged that the college’s Title IX investigation, listening to and enchantment course of denied him due strategy of legislation, his criticism was dismissed. Even assuming he had a cognizable liberty or property curiosity in his persevering with schooling, he hadn’t alleged details plausibly suggesting that he was disadvantaged of it with out adequate course of. Doe v. Virginia Polytechnic Institute and State College, VLW 023-2-211 (17 pp.)
Constitutional – Twitter account
The place a faculty principal blocked a member of the varsity board from his Twitter account, however the creation and operation of the Twitter account was a private motion of the principal exterior the management of the varsity board, and he didn’t act underneath colour of legislation when he created and operated the Twitter account nor when he blocked the board member, the Twitter account is just not a First Modification public discussion board. Sawyers v. Prince William County College Board, VLW 023-3-616 (13 pp.)
Shopper Safety
Shopper Safety – Discrimination claims
The place a tenant alleged that his landlord discriminated and retaliated towards him in violation of 42 U.S.C. § 1981, however he did not current proof exhibiting intentional discrimination, the owner prevailed on these claims. Aquila v. SREIT Broad Vista Terrace LLC, VLW 023-3-759 (13 pp.)
Shopper Safety – Navy housing
The place navy households sued the owner and property managers allegedly answerable for housing at Fort Belvoir, alleging reprehensibly poor housing situations, together with water intrusion, mould development and pest infestations, and that the defendants have engaged in a scientific observe of misrepresenting that repairs had been carried out, they plausibly alleged a declare underneath the Virginia Shopper Safety Act. Fischer v. Fort Belvoir Residential Communities LLC, VLW 023-3-497 (13 pp.)
Contract
Contract – Breach of contract
The place a trash assortment firm did not make required funds underneath an gear financing settlement, and its guarantor failed to answer the lender’s lawsuit alleging breach of contract, judgment was entered for a complete of $156,987.72, plus legal professional’s charges. Areas Financial institution v. Frazier, VLW 023-3-462 (11 pp.)
Contract – Breach of guarantee
The place the company debtor sued an organization for fraud and breach of guarantee, arising out of a non-performing system designed and put in by the corporate, its partial movement to dismiss was denied. Auto Recyclers LLC v. Schutte-Buffalo, Hammermill LLC, VLW 023-3-742 (11 pp.)
Contract – Consequential damages
The place a contractor sued a metropolis for breach of contract, the contractor’s partial demurrer to the town’s counterclaim for breach of contract is sustained. Kevcor Contracting v. Metropolis of Norfolk, VLW 023-8-034 (9 pp.)
Contract – Co-stewardship agreements
The place a non-profit company alleged one other non-profit company was failing to satisfy its funding obligations for preservation of a historic mansion and property in Leesburg, as required by the events’ co-stewardship agreements, however the breach of contract claims had been premised on alleged rights which might be inconsistent with the precise phrases of the events’ agreements, these claims had been dismissed. Oatlands Inc. v. Nationwide Belief for Historic Preservation in the US, VLW 023-3-715 (20 pp.)
Contract – Damages
The place a subcontractor sought to get well extra monies that it allegedly incurred due to delays brought on by the contractor, however these delay-related bills weren’t compensable underneath the adjustments clause, the contractor’s movement to dismiss these damages was granted. L3Harris Maritime Companies Inc. v. BAE Methods Norfolk Ship Restore Inc., VLW 023-3-688 (16 pp.)
Contract – Specific guarantee
The place consultants disagreed about the reason for observe fractures that led to a practice derailment, the upkeep operator’s movement for abstract judgment on the specific guarantee declare was denied. Norfolk Southern Railway Firm v. RailWorks Upkeep of Method LLC, VLW 023-3-566 (56 pp.)
Contract – Fraudulent wire switch
The place appellee was scammed for $134,500, the credit score union that made wire transfers to the scammer had no obligation to forestall the transfers. The circuit court docket’s resolution on this case is reversed. Navy Federal Credit score Union, VLW 023-7-324 (8 pp.)
Contract – HOA covenants and restrictions
The place a householders’ affiliation argued the court docket ought to order householders to tear down homes allegedly in-built violation of the affiliation’s covenants and restrictions, the court docket refused. Demolition of their properties can be grossly out of proportion with the aid sought. Thomas Jefferson Crossings Householders’ Affiliation Inc. v. Etemadipour, VLW 023-3-649 (12 pp.)
Contract – Indemnification declare
The place the owner settled a private damage declare introduced by a lady allegedly injured within the constructing’s elevator, and its insurance coverage service then sought to get well the settlement funds, plus legal professional’s charges and prices, from the constructing tenant, its go well with was dismissed. The operative lease didn’t make the tenant accountable for the elevator upkeep. Continental Casualty Firm v. Wells Fargo Financial institution NA, VLW 023-3-575 (9 pp.)
Contract – Insurance coverage coverage
The place an organization was required to keep up a “loss fund” to safe funds on insurance coverage claims, however the firm was now bancrupt, an insurance coverage firm was entitled to an injunction requiring particular efficiency as a result of financial damages wouldn’t be obtainable. Southern Coal Company v. Brickstreet Mutual Insurance coverage Firm, VLW 023-3-607 (12 pp.)
Contract – ‘No damages for delay’ clause
The place a normal contractor argued that delay damages sought by a subcontractor had been barred by “no damages for delay” clauses within the events’ subcontract, however Virginia Code § 11-4.1:1 renders void any contract provision “that waives or diminishes [a subcontractor’s] proper to claim claims for demonstrated extra prices,” the final contractor’s movement for judgment was denied. Strata Photo voltaic LLC v. Fall Line Building LLC, VLW 023-3-740 (10 pp.)
Contract – Coverage situation
The place a hearth insurance coverage coverage clause acknowledged that defendant insurer couldn’t be sued except plaintiff insured complied with all coverage situations and sued inside two years of the loss, the trial court docket erred by concluding that finishing repairs and replacements inside two years of the loss was a coverage situation. Bowman II v. State Farm Fireplace and Casualty Co., VLW 023-7-449 (17 pp.)
Contract – Postnuptial settlement
The place a post-nuptial separation and property settlement acknowledged the husband “shall retain possession of those insurance policies, free and away from any declare by spouse, and shall be solely answerable for the premium funds that could be due thereon,” however didn’t clearly point out that the beneficiary of the life insurance coverage coverage was to alter, the previous spouse was entitled to the proceeds. Hartford Life and Accident Insurance coverage Firm v. Herring, VLW 023-3-399 (9 pp.)
Contract – State Company Fee
The State Company Fee lacks material jurisdiction to determine a contractual dispute relating to who pays for transferring utility amenities within the public right-of-way so a street enlargement mission can proceed. Virginia Verizon LLC v. State Company Comm’n, et al., VLW 023-6-028 (12 pp.)
Contract – Waiver of subrogation proper
The place an insurer waived its proper to subrogation, this didn’t stop the insured plaintiff from “recovering on a judgment towards the tortfeasor.” Brown v. Kirkpatrick, VLW 023-7-255 (15 pp.)
Prison
Prison – Competency dedication
The circuit court docket was not certain by a health care provider’s dedication made in November 2020 that appellant was “unrestorably incompetent” to face trial the place the identical physician had earlier discovered him competent. Stewart v. Commonwealth, VLW 023-7-436 (10 pp.)
Prison – Conviction upheld
The place appellant, a former police officer, was convicted of assault and battery of a handcuffed man he had taken into emergency custody, there have been no constitutional violations through the administrative and prison investigations of the incident. Griffin v. Commonwealth, VLW 023-7-300 (24 pp.)
Prison – DMAS restitution
The place the Virginia Division of Medical Help companies paid a portion of a stabbing sufferer’s medical payments, the Courtroom of Appeals erred by reversing the trial court docket’s order requiring the sufferer’s attacker to pay restitution to the DMAS. Commonwealth v. Puckett, VLW 023-6-027 (11 pp.)
Prison – Expanded sentence credit
Regardless that appellant was convicted of tried aggravated homicide, he’s entitled to expanded sentence credit as a result of his offense is just not one of many enumerated crimes that might make him ineligible to earn these credit. Prease v. Clarke, VLW 023-6-020 (9 pp.)
Prison – Proof
A toddler’s testimony regarding her father’s sexual abuse of her sister was appropriately admitted as a result of its probative worth outweighed its prejudicial impact. Additional, the jury was correctly instructed relating to appellant father’s journey to a different state after the sexual abuse was revealed. Cheripka v. Commonwealth, VLW 023-7-357 (19 pp.)
Prison – ‘Quick bodily capacity’
The place appellant was convicted of fleeing from an officer who was trying to arrest him, the conviction is reversed as a result of, at 20 yards away when the officer commanded appellant to cease, the officer didn’t have the “rapid bodily capacity” to arrest him. Hackett v. Commonwealth, VLW 023-7-280 (16 pp.)
Prison – Interpreter
The place appellant sought to suppress post-arrest statements made throughout a police interview as a result of he was not supplied with a Spanish-speaking interpreter, the trial court docket correctly denied the movement. Ayala v. Commonwealth, VLW 023-7-428 (11 pp.)
Prison – Involuntary manslaughter
The place appellant was convicted of involuntary manslaughter and felony hit and run, there was adequate proof that he operated a ship when it crashed right into a bulkhead, leading to his passenger’s loss of life. Hooper v. Commonwealth, VLW 023-7-358 (11 pp.)
Prison – Movement to withdraw
The place appellant confirmed that she had an affordable protection after she pleaded no contest to baby neglect, and the commonwealth didn’t present it could be prejudiced if the plea was withdrawn, the circuit court docket ought to have granted the movement to withdraw. Holland v. Commonwealth, VLW 023-7-420 (23 pp.)
Prison – Out-of-court statements
Regardless that the younger sufferer was declared incompetent to testify, the trial court docket appropriately admitted her out-of-court statements as proof. Bista v. Commonwealth, VLW 023-7-347 (104 pp.)
Prison – Reconsideration
The place the circuit court docket granted appellant’s movement to strike information of convictions in one other jurisdiction, the court docket had the authority to rethink and reverse its prior ruling. Commonwealth v. McBride, VLW 023-6-024 (11 pp.)
Prison – ‘Severe bodily damage’
The place appellant “left her 80-year-old mom in a squalid situation mendacity on the ground of her condominium for no less than two days, leading to her mom’s want for emergency medical care and hospitalization” for bedsores and different situations, she suffered “severe bodily damage” inside the that means of Code § 18.2-369(B)-(C). Tomlin v. Commonwealth, VLW 023-6-019 (16 pp.)
Home Relations
Home Relations – Intent to separate
The place a celebration has the intent to completely separate for functions of a no-fault divorce, it’s adequate that the get together has the intent when the statutory one-year interval begins. There is no such thing as a requirement that the intent be steady all through the statutory interval. On this no-fault divorce case, the date of separation is essential as a result of it impacts equitable distribution and spousal assist choices. Lisann v. Lisann, VLW 023-7-313 (20 pp.)
Home Relations – Interlocutory enchantment
Underneath an modification to Code §17.1-405, enacted April 12, 2023, the court docket lacks jurisdiction to listen to an interlocutory enchantment of a pendente lite order, although the enchantment was pending when the Basic Meeting amended the statute. Choi v. Choi, File No. 0727-22-4, Aug. 1, 2023. CAV (revealed order), VLW 023-7-299 (4 pp.)
Home Relations – Prenuptial settlement
The place the trial court docket distributed the events’ property, it appropriately utilized their prenuptial settlement as an alternative of equitable distribution ideas. Puckett v. Senger, VLW 023-7-363 (16 pp.)
Home Relations – Possession of property
The place numerous descendants disputed who was entitled to 4 Norman Rockwell work, the present possessor of the work prevailed. His possession of the property was prima facie proof of possession that was not sufficiently rebutted by the others claiming title. Elam v. Early, VLW 023-3-701 (30 pp.)
Employment
Employment – COVID coverage
The place former workers of a hospital who refused to grow to be vaccinated filed a category motion criticism, however the majority of their claims failed as a matter of legislation and the dispute was not topic to adjudication on a category foundation, the lawsuit was largely dismissed. Ellison v. Inova Well being Care Companies, VLW 023-3-568 (22 pp.)
Employment – Eleventh Modification immunity
The place the previous worker of the Nottoway County Electoral Board alleged violations of her rights underneath the US Structure, the Board was entitled to Eleventh Modification immunity as a result of it was an arm of the state. Stewart v. Nottoway County, VLW 023-3-443 (18 pp.)
Employment – Injunctive aid
The place a producer of spinal implants and {hardware} alleged its former gross sales representatives violated contractual non-compete and non-solicit obligations, however the producer was unlikely to succeed on its breach of contract declare, and the stability of equities and public curiosity didn’t favor a preliminary injunction, the producer’s movement for injunctive aid was denied. Globus Medical Inc. v. Jamison, VLW 023-3-528 (7 pp.)
Employment – Non-compete
The place a lady agreed to an affordable non-compete provision, after which acted in violation of that provision by working for a competitor, the court docket granted the employer’s movement for preliminary injunction. Noble Provide & Logistics LLC v. Curry, VLW 023-3-765 (19 pp.)
Employment – Time beyond regulation calculations
The place defendants sued for failing to pay time beyond regulation waited till after judgment was entered earlier than difficult computations by the Division of Labor, their post-trial movement was too late and was denied. Su v. Medical Staffing of America LLC, VLW 023-3-768 (11 pp.)
Employment – Non secular exemption
The place a person alleged his former employer violated Title VII when it refused his request for a spiritual exemption to the hospital’s COVID-19 coverage, primarily based upon his sincerely held concern about the usage of “aborted fetal cell strains” within the improvement and testing of among the vaccines, he plausibly acknowledged a declare. Given the private nature of spiritual beliefs, nevertheless, his declare didn’t lend itself to class decision. Ellison v. Inova Well being Care Companies, VLW 023-3-408 (22 pp.)
Employment – Termination
The place an affordable jury might discover {that a} deputy sheriff within the Virginia Seaside Sheriff’s Workplace was terminated for speech he made as a non-public citizen, the sheriff’s movement for abstract judgment was denied. Fowler v. Stolle, VLW 023-3-638 (44 pp.)
Employment – VNCA
The place uncompensated administrators of a nonprofit group didn’t have interaction in “willful misconduct or a realizing violation of the prison legislation,” they had been immune from claims by former workers underneath the Virginia Nonstock Company Act, or VNCA. Lang v. Sufferers Out of Time Inc., VLW 023-3-529 (19 pp.)
Employment – Whistleblower retaliation
The place a person was fired lower than two weeks after he raised issues about an organization’s compliance with federal laws, he plausibly alleged a declare for whistleblower retaliation. Foosaner v. Crown Fort USA Inc., VLW 023-3-502 (13 pp.)
Employment Discrimination
Employment Discrimination – ADA
The place an worker alleged her former employer violated the Individuals with Disabilities Act, or ADA, however she was not disabled, did not exhaust her retaliation declare and her remaining ADA claims weren’t believable, her go well with was dismissed. Taylor v. Revature LLC, VLW 023-3-623 (23 pp.)
Employment Discrimination – ADA obligation
The place the lodging requested by a disabled worker weren’t cheap underneath the circumstances, an unpaid go away of absence constituted an affordable lodging. Hannah v. United Parcel Service Inc., VLW 023-2-179 (15 pp.)
Employment Discrimination – ADA retaliation
As a result of plaintiffs asserting claims for retaliation underneath the Individuals with Disabilities Act, or ADA, are solely entitled to equitable cures, the court docket joined each different circuit to contemplate the difficulty in holding that ADA-retaliation plaintiffs are usually not assured a jury trial by the Seventh Modification. Israelitt v. Enterprise Companies LLC, VLW 023-2-231 (25 pp.)
Employment Discrimination – Backpay
The place a lady who prevailed on her intercourse discrimination declare sought an award of backpay for the 69 weeks she was out of labor, however she didn’t make fairly diligent efforts to discover a new job, her backpay award was decreased to 52 weeks. Flores v. Virginia Division of Corrections, VLW 023-3-603 (35 pp.)
Employment Discrimination – ‘Bowman’ declare
The place a former Metropolis of Richmond worker relied on the general public coverage towards incapacity discrimination articulated within the Virginia Human Rights Act as a foundation for a standard legislation Bowman declare, that declare was dismissed with prejudice. Quite a few Virginia courts have discovered that statutes containing their very own treatment can’t additionally assist a Bowman declare. Vinson v. Metropolis of Richmond, VLW 023-3-445 (20 pp.)
Employment Discrimination – Hostile work setting
Though a former trainee for the Drug Enforcement Company alleged cases of name-calling, profanity and being “ridiculed” and laughed at by her supervisors, and being required to repeat coaching workout routines greater than others and to carry out coaching workout routines with male counterparts, these allegations had been inadequate to assist a hostile work setting declare. Bliss v. Garland, VLW 023-3-405 (19 pp.)
Employment Discrimination – Hostile work setting
The place a former worker alleged details plausibly suggesting that she was subjected to a hostile work setting, retaliated towards after she complained in regards to the conduct and {that a} cheap particular person would have felt compelled to resign, as she did, her claims survived the movement to dismiss. Sunkins v. Hampton Roads Connector Companions, VLW 023-3-720 (29 pp.)
Employment Discrimination – Race discrimination
The place a former worker alleged that she was denied the chance to coach one other worker as a result of she was knowledgeable that she was too “ghetto,” she plausibly alleged a declare for race discrimination. Caison v. Thermo Fisher Scientific, VLW 023-3-553 (7 pp.)
Employment Discrimination – Race discrimination
The place a lady was terminated the identical day she voiced her opposition to her demotion, and the termination letter explicitly acknowledged that she was terminated for her conduct on the assembly the place she voiced her opposition to her demotion, she plausibly alleged claims for race discrimination underneath federal and Virginia legislation. Hairston v. Nilit America Inc., VLW 023-3-510 (16 pp.)
Employment Discrimination – Racially hostile work setting
The place an affordable juror might conclude that no less than among the harassment a person allegedly endured was due to his race, that it was sufficiently extreme or pervasive and that the alleged harasser’s conduct was imputable to the corporate, the race-based hostile work setting claims will proceed to trial. Richardson v. Maximus Inc., VLW 023-3-421 (34 pp.)
Employment Discrimination – Distant work
The place an elementary faculty principal alleged that she was denied an affordable lodging when her request for fully distant work was denied, however bodily presence was an important perform of the place, the varsity district prevailed on the failure to accommodate declare. Jordan v. College Board of the Metropolis of Norfolk, VLW 023-3-548 (27 pp.)
Employment Discrimination – Rescinded internship
The place Exxon Mobil Company rescinded an internship provide after studying a scholar lacked everlasting work authorization, and the scholar filed go well with alleging discrimination towards aliens, his go well with was dismissed. His allegations failed to point out intentional discrimination, as required to state a 42 U.S.C. § 1981 declare. De Leon v. Exxon Mobil Company, VLW 023-2-173 (14 pp.)
Employment Discrimination – Retaliation
The place a former worker plausibly alleged that she was fired in retaliation for asserting that the Richmond College Board was violating the False Claims Act in reference to its Head Begin program, the varsity board’s movement to dismiss was denied. Williams v. Metropolis of Richmond College Board, VLW 023-3-689 (16 pp.)
Employment Discrimination – Retirement feedback
The place a college dean and provost made feedback a few professor’s retirement plans, these feedback, with out extra, weren’t “direct proof” of age discrimination. Palmer v. Liberty College Inc., VLW 023-2-171 (57 pp.)
Employment Discrimination – Unequal pay
The place a feminine worker alleged that she was paid much less due to her intercourse, however her solely male comparator didn’t carry out an identical job and she or he provided no different proof suggesting the disparate pay was due to her intercourse, the corporate prevailed on the declare. Noonan v. Consolidated Shoe Firm, Inc., VLW 023-2-250 (16 pp.)
Employment Discrimination – VHRA
The place a former worker expressly requested that the Equal Employment Alternative Fee, or EEOC, ahead her criticism, which additionally referred to discrimination underneath Virginia legislation, to the state company; the EEOC apparently did so and the state company later issued a right-to-sue letter upon the worker’s request, the worker exhausted her cures underneath Virginia legislation. Hairston v. Nilit America Inc., VLW 023-3-736 (10 pp.)
Employment Discrimination – Virginia Human Rights Act
The place a lady asserted a wrongful termination in violation of public coverage declare underneath Bowman v. State Financial institution of Keysville, 229 Va. 534 (1985), the declare was dismissed. The Virginia Human Rights Act already vindicates the general public coverage towards discrimination towards LGBTQ+ people. Tattrie v. CEI-Roanoke LLC, VLW 023-3-366 (12 pp.)
Proof
Proof – Lawyer-client privilege
The place a person allegedly working as a paralegal for the defendants’ counsel argued a deposition subpoena ought to be quashed as a result of it sought details about communications with the defendants that had been protected by the attorney-client privilege, however the Fourth Circuit has by no means held that paralegals might assert the privilege on behalf of their shoppers and the person failed to point out the communications had been privileged or that he was even inside the scope of the privilege’s protections, this argument was rejected. Orlando v. Neal, VLW 023-3-710. 17 pp.
Proof – Discovery requests
The place two individuals alleged to have kidnapped a child from her mother and father moved to compel discovery responses from the mother and father, however their requests had been overboard, they had been narrowed by the court docket. Doe v. Mast, VLW 023-3-763 (9 pp.)
Proof – Knowledgeable disqualification
The place the legal professional for a former scholar who alleged that defendants failed to guard him from sexual abuse dedicated by his former instructor fairly believed she entered right into a confidential relationship with a possible skilled, and shared confidential and privileged data with the skilled, the skilled was disqualified from serving as an skilled witness for the defendants. Doe v. Rockingham County College Board, VLW 023-3-634 (16 pp.)
Proof – Consultants
The place two of the landowners’ consultants in a condemnation damages go well with offered opinions that had been unreliable, and a 3rd skilled failed to offer a required report, they had been excluded from the trial. Mountain Valley Pipeline LLC v. 2.20 Acres of Land, VLW 023-3-532 (14 pp.)
Proof — Scholar instructional information
The place a former scholar alleged his dismissal from a college was for discriminatory causes, the college should produce instructional information about misconduct of different college students in order that the court docket and plaintiff can decide if the opposite college students are legitimate comparators towards. Doe v. Shenandoah College, VLW 023-3-362 (25 pp.)
Expungement
Expungement – DUI cost
The place petitioner was charged with driving drunk, however the cost was amended to reckless driving, the DUI cost may be expunged as a result of it’s dissimilar to reckless driving. J.A.S. v. Commonwealth, VLW 023-8-067 (20 pp.)
Household Regulation
Household Regulation – Grandparent visitation
The place grandparents have petitioned for visitation with their grandchildren, the petition is denied. The usual for adjudicating the petition, Code § 20-124.2(B2), doesn’t embrace a constitutionally required exhibiting that the grandchildren will undergo “precise hurt” with out the visitation. In re: Williams, et al. v. Panter, VLW 023-8-060 (11 pp.)
Insurance coverage
Insurance coverage – $7.6M jury award
The place a trial court docket utilized the fallacious normal in lowering a jury award from $7.6 million to $1.8 million, and the unique award was supported by substantial proof, it was reinstated. Ramaco Assets LLC v. Federal Insurance coverage Firm, VLW 023-2-190 (20 pp.)
Insurance coverage – Assault and battery
The place a person who was sued after he assaulted one other particular person waited 21 months earlier than he offered discover of the incident to his insurance coverage service, he breached the discover provision within the coverage. And since the underlying go well with alleged assault and battery, protection was precluded by the intentional acts provision within the coverage. USAA Basic Indemnity Firm v. Ellison (VLW 023-3-756. 6 pp.)
Insurance coverage – Lined loss
The place an insured alleged an insurer breached the title coverage by failing to pay for lined losses, and no less than one of many “Lined Dangers” was triggered by the underlying details and never precluded by an exclusion, the insured’s movement for abstract judgment was granted. Landfall Belief LLC v. Constancy Nationwide Title Insurance coverage Firm, VLW 023-3-639 (30 pp.)
Insurance coverage – Interpleader motion
The place an interpleader was filed over life insurance coverage proceeds, and the decedent’s husband (who was charged along with her loss of life) did not reply the criticism, judgment was entered in favor of the decedent’s guardian. Life Insurance coverage Firm of North America v. Quaye, VLW 023-3-412 (6 pp.)
Insurance coverage – Legal responsibility protection
The place a automobile concerned in a deadly motor-vehicle accident was not listed on the declaration web page of an insurance coverage coverage on the time of the accident, was not owned by the insured, was not a “short-term substitute auto” underneath the legal responsibility protection offered within the base type and was not a “lined auto” underneath the legal responsibility protection ostensibly offered within the Virginia adjustments endorsement, the service had no protection or indemnity obligation. Progressive Northern Insurance coverage Firm v. M&J Auto Middle LLC, VLW 023-3-449 (25 pp.)
Mental Property
Mental Property – ‘Prior artwork’
The place the court docket concluded {that a} cheap jury couldn’t have discovered, by clear and convincing proof, that two patents had been invalid as a result of they had been anticipated by prior artwork, the jury’s findings on these points had been vacated. Biedermann Applied sciences GmbH & Co. KG v. K2M Inc., VLW 023-3-355 (41 pp.)
Mental Property – ‘Narcotics trafficker’ protection
The place an organization argued that its extended interval of nonuse of its trademark in commerce ought to be excused as a result of it was barred from the US after it was designated as a delegated narcotics trafficker, or SDNT, this argument was rejected. Accepting this argument would weaken the drive of the sanction Congress connected to the SDNT standing. Arsa Distributing Inc. v. Salud Pure Mexicana SA de CV, VLW 023-3-716 (13 pp.)
Medical Malpractice
Medical Malpractice – EMTALA
The place a lady alleged that she went to a hospital emergency room with contaminated sores and a wide range of signs, however that she didn’t obtain the kind of screening that the hospital would ordinarily conduct for sufferers with the identical signs, she plausibly alleged a declare for violation of the Emergency Medical Therapy and Energetic Labor Act. Sorbara v. Carilion Rockbridge Group Hospital, VLW 023-3-515 (10 pp.)
Municipal
Municipal – Inverse condemnation
The place householders alleged that sure easements throughout their land had been devoted to the Isle of Wight County, requiring the County to keep up them or compensate the householders for the County’s failure to take action, however there was neither statutory dedication nor frequent legislation dedication, the County prevailed on the declare. Fernaays v. Isle of Wight County, VLW 023-3-744 (23 pp.)
Negligence
Negligence – Constructive fraud
The place an equine transport firm was sued for its alleged negligence within the loss of life of a present horse, and the horse’s proprietor alleged that the corporate made materials misrepresentations about its “superior insurance coverage protection for equine transport,” the corporate was accountable for its constructive fraud. Alexa Lowe LLC v. Etheridge, VLW 023-3-531 (7 pp.)
Negligence – COVID-related loss of life
The place the administrator of the property of a lady who allegedly contracted COVID-19 at work sued the employer for negligence, the go well with was dismissed. The Virginia Staff’ Compensation Act supplies the unique treatment for worker damage, together with loss of life, arising out of office situations. Brown v. Amazon Headquarters LLC, VLW 023-3-465 (9 pp.)
Negligence – Slip and fall
The place a lady sued a janitorial firm that was allegedly answerable for mopping a locker room ground, alleging it did not put up correct signage that resulted in her slipping and falling, the corporate’s movement to dismiss was denied. Regardless that the corporate contracted with the lady’s employer to offer janitorial companies, the existence of that contract doesn’t vitiate its obligation to train cheap care. White v. Flagship Facility Companies Inc., VLW 023-3-386 (11 pp.)
Negligence – Office damage
The place a person sued the producer of a forklift that allegedly malfunctioned, his negligent service/restore declare was dismissed as a result of it was barred by the supply of obligation rule. Sheff v. Jefferds Company, VLW 023-3-752 (8 pp.)
Private Damage
Private Damage – Modification
The place plaintiff seeks to amend a criticism she filed in February 2016, go away is denied as a result of “all extra details and all extra claims Plaintiff seeks to claim had been recognized on the time of the preliminary submitting in 2016.” Additional, as a result of plaintiff didn’t certify a mandatory skilled, defendant is granted abstract judgment. In re: Stoots v. Marion Life Saving Crew, VLW 023-8-062 (4 pp.)
Private Damage – Three way partnership idea
A cab firm is just not accountable underneath a three way partnership idea for accidents brought on by a cab driver who was an impartial contractor. Jung v. Pink Prime Cab, LLC, et al., VLW 023-8-041 (9 pp.)
Private Damage – Rule 4:10 medical examination
A private-injury plaintiff’s husband can’t attend his spouse’s Rule 4:10 medical examination over defendant’s objection. “Within the current case, the plaintiff did not current the uncommon exception to the final precept, so the Courtroom will deny her movement to allow her husband to look at her medical examination.” Van Buskirk v. O’Meara, VLW 023-8-052 (10 pp.)
Actual Property
Actual Property – Blocked view
The place plaintiff sought to enjoin defendants from constructing a fence as a result of it could block her view of a bay, defendants’ demurrer is sustained. Patterson v. Gardner, et ux., VLW 023-8-082 (5 pp.)
Actual Property – Boundary line
The court docket lacked jurisdiction to declare a brand new boundary line between the events’ properties as a result of this aid was not requested as a crossclaim on this nuisance and trespass case. Willems, et al. v. Batcheller, et al., VLW 023-7-311 (19 pp.)
Actual Property – Foreclosures sale
The place appellant claimed his house was bought at a foreclosures sale with out satisfactory discover, the related statute precludes him from acquiring rescission of the sale. Additional, he’s not entitled to equitable rescission as a result of he didn’t plead that with extra time, he would have been capable of acquire financing to remedy his default. The trial court docket appropriately granted appellee’s demurrer to appellant’s claims. Parrish v. Callahan, et al., VLW 023-7-379 (15 pp.)
Actual Property – ‘Lollipopped’ timber
The place contractors that defendants employed trespassed onto plaintiffs’ property and trimmed pine tree limbs, plaintiffs are entitled to $26,800 in damages. This represents the diminished worth of the actual property after the timber had been eliminated, and the aesthetic worth of the timber “as a sight and sound barrier,” together with the fee to take away the broken timber, and compensation for different broken property. Carniol v. Nayak, et al., VLW 023-8-053 (10 pp.)
Actual Property – Public easements
Ingress-egress and “turnaround” easements created by notations on a subdivision plat didn’t create public easements as a result of the notations didn’t point out that intention. Salunkhe, et al. v. Christopher Customs, LLC, et al., VLW 023-7-330 (7 pp.)
Actual Property – Writ of eviction
The place petitioner financial institution obtained an order of possession in federal court docket, the clerk of the Fairfax County Circuit Courtroom appropriately refused to problem a writ of eviction primarily based on the federal court docket order as a result of the order was greater than 180 days previous. Wells Fargo Financial institution v. Jenkins, et al., VLW 023-8-069 (7 pp.)
Sanctions
Sanctions – ‘Deplorable’ communications
Though a person subpoenaed for deposition engaged in unhealthy religion conduct when he despatched emails to the plaintiff’s attorneys mocking them, hurling insults, utilizing profanity and threatening to break their livelihood, he escaped sanctions as a result of his conduct didn’t disrupt or intervene with the underlying litigation. Orlando v. Neal, VLW 023-3-709 (9 pp.)
Sanctions – Pre-filing injunction
The place plaintiff has a historical past of submitting vexatious, harassing and duplicative lawsuits towards the defendant, every of which was dismissed however which burdened the court docket and the defendant, and lesser sanctions had been insufficient, a pre-filing injunction was entered. Wolfe v. Fairfax County, VLW 023-3-586 (9 pp.)
Taxation
Taxation – Surplus tax sale proceeds
The place a tax sale absolutely glad the town of Richmond’s lien for delinquent taxes, a statute that awarded the town a part of the sale’s surplus proceeds was an unconstitutional taking of property underneath the details of this case. McKeithen v. Metropolis of Richmond, VLW 023- 6-026 (16 pp.)
Tort
Tort – ACA retaliation
Whereas the Affected person Safety and Reasonably priced Care Act, or ACA, permits an individual to claim a declare for discrimination, the court docket is unaware of any case legislation that helps an impartial explanation for motion underneath the ACA for retaliation exterior the employment context. Lucas v. VHC Well being, VLW 023-3-526 (11 pp.)
Tort – Conversion
The place the proprietor of a ship did not pay his storage charges and failed to answer a number of communications or notices within the paper, he successfully deserted the boat, dooming his conversion declare. Woods v. Pullman, VLW 023-3-372 (14 pp.)
Tort – False Claims Act
The place a former worker plausibly alleged {that a} drugmaker violated the False Claims Act, or FCA, by fraudulently reporting to the federal government the very best worth of a prescription drug topic to such reporting, however she did not plead details exhibiting these defendants offered any claims to the federal government for reimbursement, she can have a chance to amend her criticism and plead these important details. United States ex rel. Miller v. Reckitt Benckiser Group PLC, VLW 023-3-657 (54 pp.)
Tort – Jury award
The place a dental observe proved it suffered $641,332 in direct financial damages when its former data know-how provider allegedly destroyed affected person information after it had been terminated, however the jury returned a verdict for complete compensatory damages within the quantity of $1,186,332, and the trial testimony was inadequate to assist a discovering by the jury of extra financial hurt to fame, the award was decreased by $545,000. South Holston Dental Designs LLC v. Modern Pc Companies, Inc., VLW 023-3-458 (5 pp.)
Tort – RICO
The place a former high-school basketball participant filed go well with underneath the Racketeer Influenced and Corrupt Organizations Act, or RICO, after he was minimize from his faculty group as a result of his father accepted a bribe, however he did not exhibit an damage to his enterprise or property, as required for a non-public civil RICO declare, his go well with was dismissed. Bowen v. Adidas America Inc., VLW 023-2-249 (43 pp.)
Tort – Title IX
The place a former Virginia Tech scholar sued college officers, alleging that he was unlawfully disciplined, his due course of declare towards the College’s Title IX Coordinator in her official capability survived her movement to dismiss. The scholar plausibly alleged a protected property curiosity and a deficiency in due course of. Ortegel v. Virginia Polytechnic Institute & State College, VLW 023-3-738 (27 pp.)
Tort – Tortious interference
The place a non-public on-line college alleged that the Division of Schooling instantly stopped its Title IV funding, resulting in the lack of its present and future enrollments, after an company withdrew its accreditation, it plausibly alleged claims for tortious interference with contract and potential enterprise or financial benefit towards the company. Middle for Excellence in Increased Schooling Inc. v. Accreditation Alliance of Profession Colleges and Schools, VLW 023-3-618 (20 pp.)
Wills & Trusts
Wills & Trusts – Heirs’ property rights
The place the decedent’s grownup youngsters inherited a 101-acre parcel of land, “topic to the best of his second spouse … ‘to reside in [the] house … for as long as she is bodily and mentally in a position to take action[,]’ the trial court docket appropriately utilized a previous Virginia Supreme Courtroom ruling to forestall one of many youngsters from transferring into the house’s second ground. Larsen Stack, et al. v. Larsen, VLW 023-7-373 (15 pp.)
Staff’ Compensation
Staff’ Compensation – Intentional conduct
The place the claimant was fishing and fell on the shoulder that was injured in an earlier work-related incident, this was not the kind of intentional conduct that might disqualify him from incapacity advantages. Fairfax County v. Halisky, VLW 023-7-247 (9 pp.)
Staff’ Compensation – Job search
The Staff’ Compensation Fee appropriately decided that the claimant “was not required to cooperate with vocational rehabilitation companies that had been inappropriate for a disabled claimant.” LQK Corp., et al v. Morales, VLW 023-7-298 (11 pp.)
