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State court of last resort · ST-VA-SC
New Dimensions, Inc. v. Tarquini
No. 120760Supreme Court of Virginia
120760 New Dimensions, Inc. v. Tarquini 06/06/2013 In a woman's suit against an employer under the federal Equal Pay Act, 29 U.S.C. § 206(d)(1), the circuit court erred in precluding introduction of evidence r…
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120760 New Dimensions, Inc. v. Tarquini 06/06/2013 In a woman's suit against an employer under the federal Equal Pay Act, 29 U.S.…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 6, 2013
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120760 New Dimensions, Inc. v. Tarquini 06/06/2013 In a woman's suit against an employer under the federal Equal Pay Act, 29 U.S.C. § 206(d)(1), the circuit court erred in precluding introduction of evidence relating to four defenses set forth in Act the on the ground that these are affirmative defenses that are waived if not pled. These statutory defenses are express exceptions contained within the statute creating the cause of action, and because in such cases there is little risk of prejudice or surprise, Virginia procedural law does not require that such affirmative defenses under the Act be pled to avoid waiver of the right to assert them. Under the facts of this case, the employer did…
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