Sick Leave for Federal Contractors—DOL’s Proposed Rule

the situation Your company does jobs for the federal government. You don’t currently provide employees with sick leave. Will you be required to change this practice?

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Obesity = Impairment?

the situation You are hiring for a position that has some significant safety concerns. You offer the job to an applicant, contingent upon a successful medical screening. The screening ends up showing that the applicant is morbidly obese and you are concerned about the risks that could be associated with his performing the functions of […]

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Can Automated Response to Online Employment Application Show Knowledge of Age?

the situation You have an online application process. When a candidate submits his job application online, he automatically receives an email telling him that his application has been submitted, that you will review his background to determine if his qualifications meet with posting requirements, and that you will contact him if it does. You don’t […]

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Damages for Failure to Hire Even After Felony Drug Arrest?

the situation You decide not to hire a job applicant based upon a determination that he is medically unqualified for the job. He then files a charge with the EEOC, claiming that you have discriminated against him based on his actual and perceived disability. About six months later, the applicant is arrested and charged with […]

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Ryan Snow named a Fellow in the Litigation Counsel of America

CWM attorney Ryan Snow has been named a Fellow in the Litigation Counsel of America, a national honor society of appellate and trial lawyers dedicated to superior advocacy and ethical standards. Membership in the LCA is by invitation only and represents less than one-half of one percent of American lawyers. Ryan is the Managing Partner […]

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Jim Chapman inducted as a Fellow in the Virginia Law Foundation

CWM is proud to announce that Jim Chapman has been inducted as a Fellow in the Virginia Law Foundation, the philanthropic arm of the Virginia bar.Each year the Foundation selects  a group of top lawyers and retired judges for their integrity, character, and legal excellence. With his induction in 2016, Jim joins three other CWM […]

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Can Medical Marijuana User be Fired for Positive Drug Test?

the situation As part of your post-hiring process, you make new employees undergo a drug test. One such employee tests positive for marijuana—but explains that he is using marijuana medicinally at the recommendation of his doctor. Your policy states that you will terminate any new employee who does not provide a clean drug screen. Can […]

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EDVA Judge dismisses case against parent company after finding parent was not “Alter Ego” of Virginia subsidiary

Piercing corporate structures remains tough in Virginia, even if only to show jurisdiction. In a discrimination case brought by an employee of a Virginia-based subsidiary against his employer, its controlling mid-level subsidiary, and the Indiana parent company of both, Judge Conrad of the Western District of Virginia granted the parent company’s motion to dismiss for […]

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Virginia Federal court allows jury in trademark case even where demand came 5 months too late

In a Lanham Act case involving pharmaceutical products, Judge Conrad of the Western District of Virginia granted plaintiff’s motion for a jury trial, even though it was made only four months before trial and outside the time prescribed by Rule 38. In Concordia Pharm. Inc. v. Method Pharm. LLC, No. 3:14-cv-16 (W.D. Va. Nov. 4, […]

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Disappointed that PTAB declined inter partes patent review? Tough, EDVA Judge rules

The Patent and Trademark Board’s decision on whether to grant inter partes review cannot be challenged in court. In Medtronic, Inc. v. Lee, 1:15-cv-946 (E.D. Va. Jan. 21, 2016), after the PTAB terminated an inter partes review seeking to determine the validity of two patents, the petitioner appealed the decision to federal court. But Judge […]

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