Blog: Opinions & Observations

Avoiding the Employee Retaliation Trap

March 07, 2017

Employers can be liable under Title VII of the Civil Rights Act of 1964 without ever actually discriminating against an employee.  For example, a Roanoke hair stylist recently brought suit against her former employer alleging that it subjected her to a hostile work environment in violation of Title VII because she was a Caucasian woman dating an African-American man and that the salon terminated her in retaliation for complaining about harassing...

“Making America Great Again” – An Immigration Attorney’s Perspective

January 31, 2017

Since November 8, 2016 – the date on which the United States voted Republican candidate Donald Trump as the 45th President of the United States – I have received numerous inquiries about what a Donald Trump presidency would mean for U.S. immigration policy and the immigrants and nonimmigrants living in the United States. The questions have stemmed from curiosity, concern, and sometimes outright fear. While no one can predict exactly what will happen over...

Grounds for Divorce in Virginia

October 24, 2016

Whether one is contemplating a divorce or is going through a separation, amicable or hostile, it is important to note what the law requires in order to move forward with a divorce action.  In Virginia, there are three fault grounds for an absolute divorce: (1) adultery, sodomy, or buggery committed outside the marriage[1]; (2) conviction of a felony subsequent to the marriage[2]; and (3) cruelty and desertion after a period of one year form the date of...

Unmarked Cemeteries and Gravesites in ROW Projects

October 19, 2016

Of honour'd bones indeed. What should be said?All’s Well That Ends Well (2.3.1042).Valar morghulis. Valar dohaeris.A Song of Ice and Fire, Book 3, Chapter 74, Arya XIII.Despite the best-laid plans of right-of-way professionals, previously forgotten cemeteries or graveyards are sometimes discovered during the course of right-of-way projects. The words “cemetery” and “graveyard” bring with them images of ordered rows of graves with headstones or markers....

Virginia Supreme Court Holds Teaming Agreement Unenforceable

September 28, 2016

In January 2016, I posted an Opinions & Observations column, Teaming Agreements in Virginia: Are They Enforceable?, dealing with the subject matter of whether teaming agreements are enforceable in Virginia. In that  column I mentioned that there was only one Virginia Supreme Court case dealing with this issue, W. J. Shafer Assocs. v. Cordant, Inc., 254 Va. 514, 493 S.E. 2d 512 (1997). Nevertheless, the reasoning of the Supreme Court in Shafer was followed...