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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

Religious discrimination treated as seriously as race or sex discirmination in New Jersey

Posted on August 15, 2008
The New Jersey Supreme Court recently held that religious discrimination hostile work environment claims should be analyzed exactly like hostile work environment sexual harassment and hostile work environment race discrimination claims. According to Jeffrey Gold of the Associated Press, in a 5-0 ruling the Court held that a Jewish police officer was subjected to a hostile work environment filled with religious discrimination...

West Virginia Governor Exposed as Pawn of DuPont

Posted on August 13, 2008
In a story that sounds eerily like the John Grisham book, The Appeal, files released from West Virginia Governor, Joe Manchin's, office reveal that he is in bed with DuPont Company trying to get the West Virginia Supreme Court to overturn a $382 million verdict against DuPont...

Religious discrimination costs $735,000 in New York

Posted on August 08, 2008
No employee should suffer religious discrimination or any employment discrimination. And in New York City a man recently won a $735,000 verdict because his employer discriminated against him for being Jewish. According to the New York Times, Gregory Fishman was an employee of the Mass Transit Authority in Queens...

Tragic Crane Accidents Make Headlines

Posted on August 08, 2008
Unfortunately, workplace accidents are a reality. Much of the time, the damage done is minimal. However, in industrial workplaces, where heavy equipment is prominent, the stakes are raised and accidents too often have tragic results. A recent trend has been accidents involving cranes...

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Allstate Hit With $16 Million Bad Faith Verdict

Posted on July 30, 2008
On March 24, 2000, a drunk driver got into his pickup, crossed the center line on a Missouri highway, and hit a compact car head-on. The force of the collision pushed the car back more than 100 feet. The driver and the passenger (husband and wife) survived but suffered life-threatening injuries...

Men are filing more employment law suits than ever before

Posted on July 29, 2008
The Family and Medical Leave Act isn't just for women anymore. According to a report by Tresa Baldas, more men have been asserting their right to care for their family members under the Act. The law, passed in 1993, provides covered employees 12 weeks per year of unpaid leave to care for themselves or their immediate family members...

Worst Insurance Companies for Consumers Revealed

Posted on July 18, 2008
According to a report compiled after six months of researching court documents, SEC and FBI records, state insurance department investigations and complaints, nationwide news accounts, and testimony of former insurance agents and adjusters, Allstate is the nation's worst insurance company for consumers...

Same-sex harassment now on the menu at The Cheesecake Factory

Posted on July 14, 2008
The Cheesecake Factory is known for its sumptuous desserts and generous portions. However, some Cheesecake Factories are now offering a new item: hot, buttered same-sex sexual harassment. The EEOC has filed a class-action suit in an Arizona federal court alleging that three male workers at a Chandler, Arizona Cheesecake Factory suffered months of same-sex sexual harassment...

New Laws Aimed at Curbing Underaged Drinking and Driving

Posted on July 01, 2008
The General Assembly voted in March to institute tougher penalties to curb the number of car accidents involving teens who drink and drive. Those stiffer penalties go into effect today. Previously, those younger than 21 who had consumed alcohol but were not legally drunk before getting behind the wheel faced fines, community service and a license suspension of up to six months...

Brain Injuries Cause Over 50% of Deaths in Seniors Who Fall

Posted on June 24, 2008
A study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. The study examined 16,000 elderly deaths in 2005 that listed unintentional falls as an underlying cause of death...

Older Workers Gain Some Protection from Mass Layoffs

Posted on June 20, 2008
Yesterday the U.S. Supreme Court ruled that older workers who allege age discrimination during a mass layoff do not have the burden of proving that no reasonable factor motivated the employer. As reported in the NY Times, Meacham v. Knolls Atomic Power Laboratory involved a reduction in force (or RIF) where 30 of 31 employees terminated were over 40 years old...

Attacking Workplace Age Discrimination Head-On

Posted on June 20, 2008
Age discrimination in the work place is nothing new. Especially in the context of hiring and firing, workplace age discrimination can be described as near ubiquitous. Employers routinely lay off elder workers in far greater numbers than their younger colleagues...

Victoria Secrets Thong Case is Ridiculous

Posted on June 19, 2008
Have you seen the Today Show piece on the brand new lawyer and his 52 year-old, thong wearing client who are suing Victoria Secrets? The plaintiff alleges that a metal clasp connected to a decorative metal heart broke off and injured her eye as she was stepping into her thong...

Motor Carrier Broker Liable for Negligent Hiring of Tractor Trailer Truck Driver

Posted on June 18, 2008
Virginia law recognizes a claim for the negligent hiring of an employee or an independent contractor. With respect to independent contractors, the Virginia Supreme Court recognized a rule of liability for negligent hiring of an incompetent independent contractor, adopting the principles set forth in the Restatement (Second) of Torts § 411 which recognizes a defendant's "liability for physical harm to third persons caused by his failure to exercise reasonable care to employ a competent and careful contractor...

Despite Congressional "Support," Federal Employees Struggle to Gain Whistle-Blower Protections

Posted on June 09, 2008
Within the past year and a half, both the House and Senate have passed bills granting expanded protections to Federal Employees who become Whistle-Blowers. The term Whistle-Blower has been with us for quite some time now, but rose to national prominence during the recent high profile collapses of Enron, WorldCom, and others...

U.S. Supreme Court decisively protects employees from retaliation

Posted on May 29, 2008
The U.S. Supreme Court recently held that two federal laws protect employees who complain of race discrimination and age discrimination from retaliation by their employers. In a 7-2 opinion the Court held that an employee who complained of race discrimination was protected from retaliation by section 1981 of the U...

Retroreflective tape: How Visible are Heavy Trailers at Night?

Posted on May 26, 2008
The term "heavy trailers" means trailers that are at least 80 inches wide and have Gross Vehicle Weight Rating over 10,000 pounds. I once handled a case in which a tractor trailer driver attempted a U-turn on a dark, country road, and stalled out while the empty trailer was across both lanes of travel...

Nanotechnology: Are Carbon Nanotubes the Modern Asbestos?

Posted on May 21, 2008
The National Institute for Occupational Safety and Health is concerned that the tiny nanoparticles used in nanotechnology pose serious health risks for workers employed in the nanotechnology industry. A study issued this week focuses on one type of nanomaterial, carbon nanotubes, and seeks to determine if nanotubes biologically behave like asbestos...

Police officers win $10 million judgment for opposing discrimination against co-workers

Posted on May 16, 2008
The City of Philadelphia is $10 million dollars poorer this morning after a jury returned a verdict in favor of three police officers who were retaliated against after they objected to the racial discrimination inflicted on fellow police officers...

Wounded Vets Face Attacks at Home From Unlikely Source

Posted on May 16, 2008
Here's another sad story about the federal government trying to screw our brave, wounded soldiers who are simply trying to collect their disability benefits. A psychologist who helps lead the post-traumatic stress disorder program at a medical facility for veterans in Texas told staff members to refrain from diagnosing PTSD because so many veterans were seeking government disability payments for the condition...

High Tech Employees Catching On To Fact They May be Owed Overtime.

Posted on May 15, 2008
There's a widespread misconception among the general public that if you are well-compensated, you are not eligible for overtime. That simply by virtue of one's salary or commissions earnings, their employer can force them to work more than forty hours, even fifty hours per week without any additional compensation...

Digitek� (digoxin tablets) Recalled Due to Deadly Manufacturing Defect

Posted on May 15, 2008
Actavis Totowa (formerly known as Amide Pharmaceutical, Inc.) recalls all lots of Bertek and UDL Laboratories Digitek® (digoxin tablets, USP) as precaution The following is an FDA notice of the nationwide recall of Digitek (digoxin tablets): FOR IMMEDIATE RELEASE -- Morristown, NJ -- April 25, 2008 -- Actavis Totowa LLC, a United States manufacturing division of the international generic pharmaceutical company Actavis Group, is initiating a Class I nationwide recall of Digitek® (digoxin tablets, USP, all strengths) for oral use...

Discrimination Complaints Surge in 2007; Pregnancy Discrimination at Record Levels

Posted on May 15, 2008
According to the EEOC discrimination complaints surged in 2007. Discrimination complaints against private employers were up 9% over 2006. Race discrimination, retaliation, and sex discrimination led the field...

Employers Are Hogging Their Employees' Time for Free

Posted on May 14, 2008
The workers of Smithfield Foods, Inc. filed suit against their employer recently seeking to get paid for all of the time that they spent working for the company. According to the lawsuit, Smithfield did not pay the workers for thirty to forty-five minutes that they spent working each day, and that this lost time consisted of time spent by the workers putting on and removing protective clothing and working for the company "off the clock...

There is No Medical Malpractice Crisis

Posted on May 13, 2008
The U.S. Chamber of Commerce, the American Medical Association, and their various lobbyists have been screaming for years that medical malpractice law suits are driving up doctors' insurance premiums, and, in turn driving doctors out of certain markets...

Tort Reformers Embrace the Tort System When They Are Injured

Posted on May 12, 2008
When he was 79 years of age, former U.S. Supreme Court nominee, Robert H. Bork, accepted a speaking engagement at the New York City chapter of the Yale Club. As he walked onto the dais, Judge Bork fell backward and injured himself. One might think that Judge Bork took his lumps and refused to sue...

Are Blackberries Turning Sour for Employers Who Do Not Pay Overtime?

Posted on May 01, 2008
Many employers provide Blackberries and other remote devices to their employees hoping to increase productivity by allowing the employees to access their email and perform other work from remote places and at odd hours. From a communications standpoint, these devices provide a virtual office to the employee, and also make the employee available at any time...

Here's Why Preemption is a Joke

Posted on May 01, 2008
Aredia, Baycol, Bextra, Celebrex, Fen Phen, Rezulin, Vioxx, and Zyprexa. These are all drugs that were "approved" by the FDA. Does FDA approval mean that the FDA tested these drugs itself? No! The FDA does not have the resources to test the food, medical devices, and drugs it is empowered to regulate...

Court Orders Counsel to Send Notice of Right to Participate in Wage and Hour Lawsuit to Time Share Salespeople

Posted on April 25, 2008
On April 23, 2008 the law firms of Butler Williams & Skilling and Cupp & Cupp sent Notice to current and former salespeople of Great Eastern Resort Corporation of their right to participate in a lawsuit seeking unpaid overtime compensation and unpaid minimum wages...

Accelerated Cognitive Decline Years After Traumatic Brain Damage

Posted on April 24, 2008
When representing victims of traumatic brain damage, I typically ask the treating physicians whether, to a reasonable degree of medical probability, he or she can say that, as a result of the head injury, the victim is at an increased risk of developing dementia later in life...

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