Declining to apply Virginia's rebuttable presumption for respondeat superior to evaluate whether the claim survived the federal standard for fraudulent joinder
Id. (citation omitted). The court reached a different result in Hardy v. Nardi Contracting Grp., Inc. , 1998 WL 809539 (Va. Ct. App. Nov. 24, 1998). In that case, the employers had picked up the employee from her home to bring her to work.