08/27/2019
A REFRESHER ON FEDERAL AND STATE CHILD LABOR LAWS Recently, an accident in the trenches of a Northern Virginia construction site resulted in the injuring of one employee and the death of another. News reports allege that the deceased employee was only 16 years old. Under both Federal and Virginia child labor laws, the 16-year… Read more »
08/23/2019
The EDVA made the national news this week with a story that the City of Norfolk has sued the Commonwealth of Virginia in the district seeking a declaratory judgment that it could move a statue in downtown Norfolk commemorating the efforts of the Confederacy during the Civil War. A copy of the Complaint is here…. Read more »
08/19/2019
As we noted in a previous post, the parties in that case consented to a Magistrate Judge assuming jurisdiction over their claims. That option is presented in every civil case, and is a topic that is always addressed in the initial pretrial conference. But how often do parties consent to use a Magistrate? We looked… Read more »
08/15/2019
Judge Doumar issued an interesting opinion In Re Vulcan Construction Materials, LLC, As Owner of the Tug Jeanie Clay, Case No. 2:18-cv-00668. The case came before the Court as a maritime Limitation of Liability Act case in which a vessel owner petitions the Court to limit its liability for any claims arising during a vessel’s… Read more »
08/14/2019
Throughout the progression of construction, various things occur that may impact the time or cost of the work. Often, you are aware of those things when they occur; but other times not until later. If you have, and – just as importantly – your field team follows, a consistent policy for documenting progress, you put… Read more »
08/14/2019
Whether for work or vacation, many of us have traveled to and from North Carolina. Some of us have seen or interacted with the state’s law enforcement officials. I had my own interaction once; the officer and I were very cordial to one another, and the speeding ticket he issued was deserved. But others take… Read more »
08/09/2019
On July 24th, we discussed a suit to enjoin a permit issued by the Army Corps of Engineers that would allow the construction of a parking lot, residential buildings, and trails in the Pungo neighborhood of Virginia Beach. In the Complaint, the Plaintiff was seeking a preliminary injunction to stop any further activity. It appears… Read more »
08/08/2019
On July 10, 2019, the Sixth Circuit issued an opinion in Wilson v. Safelite Group, Inc., No. 18-3408. The case deals with the issue of whether an employee benefit plan is covered by ERISA and whether certain state law claims by the former CEO of the Defendant are preempted. But unless you practice in this… Read more »
