Submitted by oscarluke on
In a case of first impression in the Fourth Circuit, the Court held that an employer may be liable for sexual harassment committed by non-employees where the employer either knew or should have known of the harassment and failed to take appropriate action to halt it. EEOC v. Cromer Food Servs., Inc., 2001 U.S. App. LEXIS 4279, at * 13 (4th Cir. Mar. 3, 2011).
Submitted by oscarluke on
On March 1, 2011, the Supreme Court of the United States issued its decision in Staub v. Proctor Hospital (No.
Submitted by oscarluke on
In Central West Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, Case No. 10-1486, 2011 U.S. App. LEXIS 7557 (4th Cir. Apr. 13, 2011), the Fourth Circuit Court of Appeals clarified how to determine a corporation’s “principal place of business” for purposes of diversity jurisdiction.
Submitted by oscarluke on
Having its first opportunity to address, somewhat indirectly, the gravamen of the United States Supreme Court’s holding in Padilla v. Kentucky, 130 S. Ct. 1473 (Mar.
Submitted by oscarluke on
The United States Supreme Court decision in Thompson v. North American Stainless, LP (No. 09-291, Jan. 24, 2011) significantly increased the likelihood of “retaliation-by-association” claims brought by employees who have close relationships with coworkers who engage in protected activity.
Submitted by oscarluke on
In Legend Night Club v.
Submitted by oscarluke on
In Commonwealth v. Morris, the Supreme Court of Virginia ruled unanimously that a common law writ of coram nobis could not be used to reopen convictions imposed on immigrants who were ordered deported as a result of their convictions. Judge Dean Worcester of the Circuit Court for Loudon County, however, found the Supreme Court’s decision "unpersuasive" and announced he would not follow it.
http://www.washingtonpost.com/wp-srv/metro/crime/LdGDC_joined.pdf
Submitted by oscarluke on
In Rea v.
Submitted by oscarluke on
The Supreme Court of Virginia recently decided a pair of unanimous decisions clarifying the “right result for the wrong reason” doctrine. Virginia courts have long recognized that an appellate court may affirm the judgment of a trial court even where the trial court reached the right result for the wrong reason. Eason v. Eason, 204 Va. 347 (1963).
Submitted by oscarluke on
In the Savoy Opera The Gondoliers, the Grand Inquisitor is aghast to discover the existence of a republican monarchy where commoners and peasa