The Library

A favorable and unanimous opinion released on October 19, 2023 in the case of Ashley Nicole Noonan v. Consolidated Shoe Company, Inc. by the United States Court of Appeals for the Fourth Circuit, upheld a win for Gentry Locke’s client, Consolidated Shoe Company, Inc. The Plaintiff brought gender discrimination, Equal Pay Act, and retaliation claims against our client. Cate Jackson argued the case in the Western District of Virginia Court with assistance from Paul Klockenbrink and Amanda Morgan. Judge Moon granted summary judgment in Consolidated Shoe’s favor in November 2021. The Plaintiff appealed and the appeal was argued in January 2023 […]

On March 9, 2023, Virginia Governor Glenn Younkin signed into law legislation (SB1213/HB2180) that directed the Department of Professional and Occupational Regulation (DPOR) to create Universal Licensing Recognition (ULR) for 85 occupations, including construction trades. ULR applies to all individual licenses regulated by DPOR, except architects, engineers, land surveyors, and landscape architects. ULR does not apply to contractor licenses. ULR does not mean that Virginia will automatically recognize an out of state individual’s license. The out of state individual must apply for a Virginia license before the person commences work in Virginia. DPOR boards will grant licenses to out-of-state applicants […]

VDOT will be holding a design public hearing on September 19 from 5 p.m. to 7 p.m. at Lord Botetourt High School (located at 1435 Roanoke Road, Daleville), on an upcoming project to widen I-81 from two to three lanes in both directions along a seven-mile stretch between Exit 143 in Roanoke County and Exit 150 in Botetourt County. The hearing will be an open house format, and VDOT representatives will be present to answer questions. The project is expected to include: The replacement of eight bridges on I-81 The installation of approximately 8,500 feet of sound barrier along the […]

The Surface Transportation Board (“STB”) issued a Notice of Proposed Rulemaking (“NPRM”) in a new sub docket of Ex Parte 711 (Sub. No. 2), regarding open access a.k.a. competitive switching rules. Comments on the proposal are due October 23, 2023; Reply comments are due November 21, 2023. The summary below provides some high-level points, but the decision is lengthy, highly detailed, and subject to further analysis (particularly with respect to the detailed discussion of performance standards). This decision closes Docket No. EP 711 (Sub-No. 1) and proposes, in a new subdocket, a new set of regulations that would provide for […]

By Matthew W. Broughton, Jared A. Tuck, and Summer Associate Joshua R. Justus It can be easy to ignore the worst case scenario until it actually happens, and when it does, you don’t want to be left wondering what you could have done differently. Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) act like a safety net for you and your family if you are involved in a collision with a motorist who either: doesn’t have any motor vehicle insurance or doesn’t have enough insurance to cover your damages.  It is common for survivors and surviving family members of […]

AI tools undoubtedly offer benefits in the recruitment and hiring process; however, the use of AI screening tools when making employment decisions comes with associated risks. One significant risk is that an employer may unintentionally violate federal anti-discrimination laws if the AI tool disproportionately screens out individuals in protected classes and the employer is unable to justify the exclusion as sufficiently job-related and consistent with business necessity. The increasing popularity and use of AI tools in the recruitment and hiring process has caught the attention of the Equal Employment Opportunity Commission (EEOC), and it has begun to aggressively target AI […]

This article appeared in the Summer 2023 issue of the VBA Young Lawyers Division’s Opening Statement. By Jared A. Tuck[1] The COVID-19 pandemic forced law firms around the world to transition their practices online.[2] Now, although courts have largely resumed their regular, in person proceedings,[3] many lawyers and firms have kept tools from the pandemic in their toolbox. One such popular practice is the continued use of remote platforms for depositions. Recognizing that remote depositions are here to stay, this article provides an overview of the following: (1) the law on remote depositions, (2) the advantages and disadvantages of remote […]

During the 2022 Session, the Virginia General Assembly passed SB 550, which prohibited the application of contingent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also established prompt payment clauses for prime contracts and subcontracts on private projects. Virginia’s Prompt Payment Act was formerly applicable only to public projects. The legislative process during the 2022 session did not result in a consensus among stakeholders concerning the appropriate statutory language. This is a link to the final language of the bill, which was very different from the original bill, or the first substitute presented in committee. The bill […]

From The Fee Simple. Published July 2023.