Appeals Granted

NEW DIMENSIONS, INC. v. CATHERINE TARQUINI
(Record Number 120760)

Circuit Court of Prince William County, Gaylord L. Finch, Jr., Judge.

Robert J. Zelnick and Patrick V. Foltz (Szabo, Zelnick & Erickson, P.C.) for appellant.

Jeffrey M. Summers (The Law Office of Jeffrey M. Summers, PLLC) for appellee.

The trial court erred by granting Tarquini’s motion in limine and barring NDI from presenting evidence of its seniority and merit-based compensation system, because said statutory defenses are expressly set forth in the EPA and are not defenses that must be affirmatively pled.
The trial court erred by granting Tarquini’s motion in limine and barring NDI from presenting evidence of its seniority and merit-based compensation system because Tarquini was fully aware of the substance and nature of these defenses and could not have suffered any surprise or prejudice by their assertion at trial.
The trial court erred when it relieved Tarquini of the burden of establishing, to a reasonable degree of specificity, the attorneys’ fees and costs associated with her EPA claim.
The trial court erred in awarding Tarquini attorneys’ fees of $116,282.50 because Tarquini failed to carry her burden to show that said fees were reasonable and necessary to her claim under the EPA.
The trial court erred when it awarded Tarquini costs in the amount of $8,478.55, because costs attributable to copying, court reporters’ fees, facsimile costs, Fedex [sic] costs, filing fees, messenger service, and postage were not established with reasonable specificity and are not recoverable under Virginia law.

12-18-2012