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Embellishing Employee’s ADA Claim Tossed by Virginia Federal Court

Four years after falsely claiming seventeen years of engineering experience rather than two when applying to AGFM, Patrick Cavaliere was terminated for procrastination, lack of productivity, technical incompetency and serious errors in his work. In response, he filed a pro se action alleging wrongful termination, failure to accommodate, and retaliation in violation of the Americans with Disabilities Act. Cavaliere received discipline for poor performance in certain engineering tasks assigned, and disclosed to his supervisor that…

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Effort to Repeal Reckless Driving Law Fails

Well that didn’t take long!  Faster than a Porsche goes from 0 to 80 miles per hour in Northern Virginia traffic, a General Assembly subcommittee killed HB 1371, which would have eliminated criminal penalties for some speeding cases where the posted speed limit is high.  The subcommittee action occurred on the first day of the 2013 legislative session. In Virginia, one can be convicted of Reckless Driving by speed if one drives over 80 miles per

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How will employment law change in 2013?

1. New state and federal laws and regulations will add employee rights and protections. In 2012, states like New Jersey and Oregon enacted laws protecting the jobless against hiring discrimination, and other states like California and Illinois enacted laws barring employers from demanding access to workers’ social networking accounts. The federal government is likely to follow suit with new protections proposed in recent bills, such as the Employment Non-Discrimination Act that bars sexual orientation discrimination,

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Supreme Court of Virginia Bans “Speaking Objections”

The Supreme Court of Virginia, effective January 1, 2013, banned “speaking objections” in Rule 4:5 of the Rules of the Supreme Court of Virginia. “Speaking objections” are those include argument and suggestions along with the basis of the objection.  They are often used in depositions by a lawyer to tip off or “educate” his client as to a desired answer.  A classic example of a “speaking objection” is “Objection! You’ve asked that question already and

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Virginia Federal Court Denies Preliminary Injunctions to National Plant Food Companies

The U.S. District Court in Richmond, Virginia has denied the cross-motions for preliminary injunctions filed by rival grass seed companies, each of whom had asked the court to put a stop to the other’s allegedly false advertising claims. In the ongoing case of Scotts Company, LLC v. Pennington Seed, Inc., (Civil Action No. 3:12-cv-168) (Nov. 30, 2012), two of the biggest names in the grass seed/plant food business are suing each other over online and

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