Special Concurrence

Employer May be Liable for the Activities of Non-Employees in a Claim for Sexual Harassment


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). 


Loudon County Judge Refuses to Follow Virginia Supreme Court Ruling


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.



Supreme Court of Virginia Clarifies “Right Result for the Wrong Reason Doctrine”


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).

Staub v. Proctor Hospital: Examining the “Cat’s Paw”


On November 2, 2010, the Supreme Court of the United Stated heard oral argument in Staub v. Proctor Hospital (No. 09-400), a case that raises the issue of whether an employer may be held liable for the unlawful intent of officials who caused or influenced the ultimate employment decision but did not make it.



Fourth Circuit Embraces Forum Selection Rule


In FindWhere Holding, Inc. v. Systems Environment Optimization, LLC., (“SEO”), (No. 09-2155), the Fourth Circuit held that the forum selection clause found in the parties’ contract limited jurisdiction to the state courts of Virginia.