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Personal Injury Law

Richmond Virginia Personal Injury Lawyer

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Last Entry: May 20, 2010 at 13:22:56

Senate fails to protect employees from intentional pay discrimination

Posted on April 24, 2008
If an employer discriminates against an employee in their compensation, the employee now may have as little as 180 days to fight that illegal discrimination. If the employee fails to object within 180 days, that employee can be discriminated against in every paycheck thereafter, forever, with no right to challenge the discrimination...

Congress likely to pass ban on Genetic Discrimination

Posted on April 24, 2008
Imagine if you could take a simple blood test to determine whether you were likely to get cancer in the near future. Armed with that information, you would be vigilant and do everything in your power to ensure early detection and treatment...

BREAKING: Law favors employers over employees - even in arbitration

Posted on April 21, 2008
It's no secret that federal and state law tends to favor employers over employees. In the beginning, there was at-will employment. In the end, there will be at-will employment. But once an employee prevails in a fact finding hearing before a neutral, unbiased arbiter, then the employee can finally rest easy knowing that their efforts have been vindicated, right? Unfortunately, no...

Criticism of Defense Malingering Test Gaining National Traction

Posted on April 20, 2008
On March 5, 2008, I criticized the use by professional defense neuropyschologists of a controversial malingering test called the Fake Bad Scale. See Fake Bad Scale: Weapon of Defense Neuropsychologists, http://www.injuryboard.com/members-area/BlogPost...

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Would You Choose To Be Treated By Your State's Worst Doctor?

Posted on April 18, 2008
Last month, lawyers for former patients of Dr. John Anderson King and their families settled 70 medical malpractice claims with the Hospital Corporation of America, the nation's largest for-profit hospital chain, and Putnam General Hospital, which employed King from November 2002 to June 2003...

Virginia Loses a Great Jurist- Hon. John W. Scott, Jr.

Posted on April 17, 2008
Judge Scott, who sat in the Fredericksburg Circuit Court for the past 12 years, died yesterday after having surgery at Johns Hopkins Hospital. Judge Scott was a pioneer as the Fredericksburg area's first African American judge. He was a civil rights advocate from the time he was a teenager when he won a federal civil rights lawsuit for the right to attend James Monroe High School...

Virginia Considers Raising It's Damages Cap Under the Tort Claims Act

Posted on April 14, 2008
In the aftermath of the horrific Virginia Tech shootings, the Virginia General Assembly is considering whether the limits on the state's liability in cases of negligence should be increased above the current $100,000 cap. The cap was last raised in 1983 from $25,000 to $100,000...

Warning: The Adults Know All About Facebook and Myspace

Posted on April 11, 2008
I am not one of those parents who wants to invade my teenagers' privacy and spy on their MySpace, Facebook, YouTube, or other social media sites. But I do want them and other teens and young adults to understand that what they place on their Facebook or Myspace site is on the Internet forever...

High Tech Employees Forced to Work Overtime Actually Less Productive

Posted on April 11, 2008
Many employees in the high tech industry are required to work extensive overtime without pay. In fact, as many professionals in the industry know, working a 60-plus hour workweek is considered the industry standard. While employers claim that they work these employees so hard because of a lack of skilled professionals in the field, the truth is that they are reaping great rewards at a significant cost to their employee's quality of life...

Large Layoffs Ripe for Age Discrimination

Posted on April 10, 2008
As a recent settlement of a class action brought by the U.S. Equal Employment Opportunity Commission exemplifies, employers often engage in age discrimination, in violation of the Age Discrimination in Employment Act ("ADEA"), when laying off employees...

Accident Victims Are in Bad Hands With Allstate: Just File Suit!

Posted on April 08, 2008
On April 4, 2008, the District Court of Appeals, First District, State of Florida upheld the Florida Office of Insurance Regulation's suspension of Allstate from writing insurance in the State of Florida. The Office had suspended Allstate weeks before for a refusal to produce the McKinsey documents during an investigation of the company...

Appellate Court Rules Against Veteran In Suit Against Fahrenheit 9/11 Filmmaker

Posted on March 27, 2008
A Federal Appellate Court ruled that a veteran did not have a cause of action for defamation against documentary filmmaker Michael Moore for using footage of the veteran's television interview in the movie Fahrenheit 9/11. The veteran, who lost both of his arms after a helicopter tire exploded while he was serving in Iraq, had been interviewed by Peter Jennings of ABC News while he was being treated at Walter Reed Army Hospital...

Appellate Court Rules Against Veteran In Suit Against Fahrenheit 9/11 Filmmaker

When Will the Administration Honor the Wounded Vets?

Posted on March 24, 2008
A recent hearing before the Senate Veterans' Affairs Committee highlighted the bureaucratic hell wounded war veterans are facing when they return home from Iraq. The mountains of Department of Veterans' Affairs paperwork and red tape encountered by veterans seeking medical care is especially problematic for those with traumatic brain injuries...

When Will the Administration Honor the Wounded Vets?

Asbestos Verdict in California

Posted on March 13, 2008
A San Francisco jury Monday returned a $20 million verdict in favor of an asbestos victim. The jury determined that the sole remaining defendant at trial, Georgia Pacific Corp., was responsible for 30% of the verdict. The plaintiff was a former film actress and singer who toured the world seven times entertaining our troops as a USO singer...

Asbestos Verdict in California

Fake Bad Scale: Weapon of Defense Neuropsychologists

Posted on March 05, 2008
The Fake Bad Scale (FBS) is a bogus test created by Paul Lees-Haley to wrongly label personal injury claimants as "fakers." The FBS is junk science and should not be allowed in a court of law. Indeed, it violates the province of the jury by attempting to divine the credibility of witnesses...

Heparin Linked to More Deaths

Posted on March 02, 2008
The Food and Drug Administration reported last week that the number of deaths associated with heparin, a brand of blood thinner, has risen. The brand of heparin associated with the problems is made by Baxter International. Baxter produces most of the heparin used in the United States...

$30 Million Asbestos Verdict

Posted on March 02, 2008
Mesothelioma is an aggressive lung cancer caused by exposure to asbestos. A New Jersey jury recently returned a $30 million verdict in favor of a 50 year old advertising executive who died from mesothelioma. The decedant's exposure to asbestos was when he worked summer jobs at GM warehouses handling asbestos-containing automotive parts...

Florida Jury Awards $5.4 Million Verdict In Sexual Harassment Case

Posted on February 26, 2008
A Florida jury awarded $5.4 Million to a female employee who filed claims against her employer for sexual harassment and battery. The employee had worked for the employer for fourteen years, during which the employer admittedly sought more than a professional relationship with the employee, and even kissed her on the lips at a public function...

Working "Off The Clock" May Entitle Workers to Overtime Compensation

Posted on February 25, 2008
A recent Department of Labor investigation against a Municipal Sheriff's Department illustrates how requiring employees to perform work-related activities prior to "clocking in" violates the unpaid overtime provisions of the Fair Labor Standards Act. The Sheriff's Department required its deputies to attend meetings at the start and end of the workday, but did not include this time in calculating the number of hours the deputies worked...

More and More Computer Workers Seeking Overtime Pay

Posted on February 21, 2008
A significant trend in wage and hour law is the number of Computer and IT workers, particularly those in the service industry, who are filing lawsuits seeking to recover unpaid overtime. Many employers mistakenly regard overtime pay as a benefit available only to "blue collar" workers, and misclassify high-tech employees as exempt from the overtime pay requirements of the Fair Labor Standards Act...

Age Discrimination Protection-the ADEA

Posted on February 18, 2008
Age discrimination is a hot topic these days, with several cases pending for decision by the U.S. Supreme Court. The Age Discrimination in Employment Act (ADEA) protects employees age 40 and older from discrimination in employment based on age. Age discrimination can include discrimination in hiring, promotion, pay, benefits, and discharge...

Mortgage Loan Officers File Suit for Unpaid Overtime

Posted on February 15, 2008
Loan Officers for American Equity Mortgage recently filed a national class action lawsuit alleging that their employer misclassified them as exempt from the Fair Labor Standards Act, and seeking recovery of unpaid overtime compensation. This lawsuit is part of a growing trend of lawsuits filed by "white collar" workers in the financial, pharmaceutical, computer, IT, service and other industries seeking to collect unpaid overtime, and alleging that their employers misclassified them as exempt from the overtime pay requirements of the FLSA...

Lowes Faces Another Unpaid Overtime Lawsuit

Posted on February 14, 2008
A Texas woman has filed a class action against Lowes Home Center alleging Lowes violated the overtime pay requirements of the Fair Labor Standards Act. The woman, who was a warehouse employee at a regional distribution center, claims that Lowes owes her unpaid overtime, and did not credit her for time that she performed required work for Lowes before and after her scheduled shift, including checking in her hand-held computer, completing paperwork, and driving to her work area...

Brain Injury-What Are the Symptoms?

Posted on February 14, 2008
The American Academy of Neurology has expanded the definition of the acute or immediate signs of concussion. Symptoms of brain injury can be mild to severe with some symptoms showing up immediately and others not appearing until several days or weeks after the injury...

Texas Company Pays More Than $1.5 Million in Unpaid Overtime Wages

Posted on February 13, 2008
McLane Co., Inc., a wholesale distributor of food and grocery products, has agreed to pay $1,559,316 in unpaid overtime wages to 570 current and former employees after the Department of Labor found that the company had misclassified the employees as exempt from the overtime pay requirements of the Fair Labor Standards Act...

Federal Court Reinstates Sexual Harrassment Claim

Posted on February 11, 2008
The First Circuit Court of Appeals reinstated a public employee's sexual harassment lawsuit claiming that her supervisor created a hostile work environment by staring at her chest. The employee also claimed that the supervisor, the Town Administrator, retaliated against her by transferring her to another job after she complained to the Town Board...

Justice Dep't Fights to Deny Mental Health Care to Vets

Posted on February 09, 2008
No matter how politicians view the war in Iraq, they all say publically that they support the troops. The signature injury of this war, brain damage, results in a host of symptoms including depression, suicidal ideation, and post traumatic stress. In opposing a proposed class action lawsuit accusing the government of illegally denying mental health treatment to troops returning from Iraq and Afghanistan, the Bush administration argues that veterans have no legal rights to specific types of medical care...

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