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The federal court of appeals for the Fourth Circuit has reaffirmed that employees can prevail on retaliation claims even when their underlying discrimination claims have failed.  In an unpublished per curiam opinion, the court of appeals dismissed the plaintiffs’ claims under the Equal Pay Act, but remanded one plaintiff’s retaliation claim back to the district court in Roanoke after finding that the trial court had erred when it entered judgment in favor of the employer.…

A sheriff deputy responded to a single vehicle accident.  Apparently, the driver hit a patch of water and hydroplaned into a median.  However, the driver smelled of alcohol and admitted to having had a few beers.  Apparently satisfied that the driver was not intoxicated, the deputy nonetheless charged him with Reckless Driving.  After a trial, the court found him guilty of Improper Driving. Is Reckless Driving just a lesser version of drunk driving (DUI)?  The

What is the crime of Computer Harassment / Stalking?  A recent case from the Court of Appeals answers this question and gives a good explanation of how even “implied” threats can violate the law. A man previously convicted of stalking his ex-girlfriend was convicted on Computer Harassment stemming from repeated messages to her.  The Court of Appeals affirmed his conviction. Virginia Code sec. 18.2-152.7:1 criminalizes the sending of computer messages that communicate obscene, vulgar, profane,

Can one be convicted in Virginia for “Indecent Exposure” for “mooning” someone?  According to the Court of Appeal in a case out of Shenandoah County, the answer is “no.” A 14 year old kid “mooned” his school bus driver on the last day of school.  (“Mooning” involves exposing one’s buttocks).  In this instance, the child asked his bus driver, “Ms. Bridget, you want to know what the little piggy said all the way home?”  He