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In 2015, the Obama administration gave workers a win on this one: It issued a guidance document explaining how the Department of Labor would interpret the law, outlining the economic tests it employed in determining whether an employer was misclassifying its workers. The agency had been using that policy in enforcing the law, but putting it in writing sent a clear message to employers across the country that the Obama administration was serious about cracking down on worker misclassification.
201362 Garner v. Joseph 201362 12/16/2021 In a prior litigation to apportion the riparian rights of the owners of two adjacent shoreline lots, the holders of an easement created by deed in favor of a third, neighboring lot across one of the two properties were necessary parties, without whose participation judgment could not properly be entered. In the present action, the rulings of the circuit court on summary judgment and demurrer that the owners of the easement were not necessary parties in that prior case and lacked standing to challenge the judgment entered in the prior proceeding are reversed. The case is remanded for further proceedings consistent with this opinion.
131584 Dinwiddie DSS v. Nunnally 10/31/2014 Upon consideration of the record, briefs, and argument of counsel, the judgment of the Court of Appeals reversing a trial court disposition on a motion to transfer a proceeding to terminate parental rights to a tribal court, vacating the order terminating the parental rights of the mother and father, and remanding the matter, is affirmed for the reasons stated in its unpublished memorandum opinion, Renee Bagley Nunnally, et al. v. Dinwiddie Department of Social Services, Rec. Nos. 1947-12-2, 1948-12-1, 1949-12-2, dated September 10, 2013. The case is remanded to the trial court for further proceedings in light of the standards articulated in the decision of the Court of Appeals in Thompson v. Fairfax County Dep't of Family Servs., 62 Va. App. 350, 747 S.E.2d 838 (2013), which rejected the traditional "best interests of the child test" in favor of the more limited test involving an immediate serious emotional or physical harm, or a substantial risk of such harm, to a child arising from transfer to a tribal court.
121717 Commonwealth v. Peterson 10/31/2013 In wrongful death suits filed against the Commonwealth by the administrators of the estates of two students who were murdered during the tragic 2007 mass shooting at Virginia Tech, even if there was a special relationship between the Commonwealth and the murdered students, under the facts of this case, there was no duty for the Commonwealth to warn students about the potential for criminal acts by third parties. Therefore, the judgment of the circuit court is reversed and final judgment is entered for the Commonwealth.
130062 Old Dominion Boat Club v. Alexandria City Council 10/31/2013 In an action to enforce an easement by injunction, the acquisition of a fee simple interest in a public way by a city, pursuant to a local ordinance, did not extinguish the pre-existing easement over that way when there has been no implied or express dedication of that easement by its holder. Plaintiff has a vested easement over this street. The judgment of the circuit court is reversed and the case is remanded for entry of appropriate injunctive relief.
121582 Schuiling v. Harris 09/12/2013 In a suit alleging various contract and tort claims arising out of a personal services relationship, the circuit court erred in refusing to order arbitration on the ground that an otherwise applicable arbitration agreement designated a specified arbitrator as an integral part of the agreement, thereby rendering the agreement unenforceable upon the subsequent unavailability of that particular arbitrator. This portion of the arbitration agreement is severable, and another arbitrator may be appointed under the applicable Code provisions. The case is reversed and remanded for further proceedings.
121989 Assurance Data, Inc. v. Malyevac 09/12/2013 In an employer's action to enforce certain provisions of an employment agreement restraining competition by a former employee, in sustaining a demurrer the circuit court improperly resolved the employee's challenge to the enforceability of the restraints on competition, short-circuiting the litigation. Because a demurrer cannot be used to decide the merits of a claim, the circuit court's judgment is reversed and the case is remanded for further proceedings.
120874 Friends of the Rappahannock v. Caroline Cnty. Bd. Sups. 06/06/2013 In ruling on a demurrer and motion to dismiss a declaratory judgment complaint brought by a conservation organization and several landowners, challenging the grant by a county of a special exception permit authorizing commencement of sand and gravel operations on a tract of land fronting on a river, the circuit court did not err in applying the aggrieved person standard in determining whether the plaintiffs had standing to proceed. Based upon the insufficiency of allegations in their complaint, these complainants did not have standing to proceed. The judgment dismissing the action on that ground is affirmed.
121282 Laster v. Russell 06/06/2013 The circuit court did not err in denying a petition for a writ of habeas corpus alleging error by trial counsel in connection with a plea offer. Even assuming that the performance of trial counsel in petitioner's initial trial was deficient, petitioner has offered no evidence to prove that this particular plea offer was within the boundaries of acceptable plea agreements and sentences in the jurisdiction, or that the presiding judge in the original trial had ever accepted similar plea agreements and sentences in other cases involving similar facts and charges. In light of the petitioner's burden of proof, in the present habeas corpus proceeding the circuit court did not err in dismissing the petition, and its judgment is affirmed.
121526 Martin v. City of Alexandria 06/06/2013 In an appeal by objecting neighbors from a circuit court judgment upholding the decision of a city's board of zoning appeals granting side and rear yard variances to the applicant landowners, none of the conditions asserted to justify the variance application satisfied the requirements of the variance provision of the city's charter, which governs this case. Accordingly, the decision of the BZA was contrary to law and the circuit court erred in upholding its decision. The judgment of the circuit court is reversed and final judgment is entered for the objecting neighboring landowners.
121540 Martin v. Garner 06/06/2013 In a declaratory judgment action for determination of title to a private alley running between parcels of property, no error is found in the ruling of the circuit court that the owners of one parcel hold fee simple title up to the centerline of that portion of the alley abutting their property, or in its dismissal of a claim against other abutting property owners seeking a determination as to ownership of the remaining length of the alley. The judgment of the circuit court is affirmed.
122144 Livingston v. Virginia State Bar 06/06/2013 In an appeal of right by an attorney from an order of the Virginia State Bar Disciplinary Board, an independent review of the record provides clear and convincing evidence that an assistant Commonwealth's Attorney violated Rule 1.1 of the Virginia Rules of Professional Conduct regarding competent representation, though such evidence is absent with regard to his alleged violation of Rules 3.1 and 3.8 relating to assertion of frivolous claims and contentions and failure to meet additional responsibilities of a prosecutor. The order of the Disciplinary Board is affirmed in part and reversed in part, and the matter is remanded for consideration of an appropriate sanction.
121046 Caperton v. A.T. Massey Coal Co. 04/18/2013 In a Virginia suit between individuals and entities in the coal industry, alleging tortious interference with existing and prospective contractual and business relations, fraudulent misrepresentation, deceit, and concealment, and seeking compensatory and punitive damages, the circuit court erred in finding that res judicata operates to bar plaintiffs' current action based on a 15-year history of multiple state and federal litigations between the parties. The judgment is reversed and the case is remanded for proceedings consistent with this opinion.
121177 Commonwealth v. Tuma 04/18/2013 In a prosecution for taking indecent liberties with a child, aggravated sexual battery, and animate object penetration, the Commonwealth committed no Due Process violation under Brady v. Maryland, 373 U.S. 83 (1963) by delaying production of an audio-tape recording of an investigative interview with the victim that could have been used in impeachment of four witnesses, because the recording was made available to the defendant during trial in sufficient time to allow for its effective use. The judgment of the Court of Appeals on the Brady issue is reversed and the case is remanded for consideration of a second assignment of error, not previously addressed by the Court of Appeals, challenging the trial court's denial of the defense request to admit the tape into evidence.
121191 Board of Supervisors v. Davenport & Co. LLC 04/18/2013 In a suit brought by a county board of supervisors against a financial advisor firm, on a multi-count complaint, the circuit court erred when it sustained a demurrer on the basis that the separation of powers doctrine obviated consideration of the controversy because the court would have to inquire into the motives of the board's legislative decision making. While members of a board of supervisors, as legislators of a municipality, are outside the scope of both federal and state constitutional legislative immunity provisions, they are protected by common law legislative immunity principles. As a result, the circuit court correctly held that the separation of powers doctrine was implicated. However, in this case the board effectively waived its common law legislative immunity from liability and the burden of litigation by failure to raise these protections, by filing suit, and actions effecting a waiver. The circuit court judgment sustaining the demurrer filed by the financial advisor is reversed, and the case is remanded. 2ff7e9595c
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