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Monthly Archives: April 2007

Domestic Relations – Termination Of Parental Rights – Motion To Vacate (access required)

A trial court did not abuse its discretion in denying a mother’s motion to vacate an earlier order terminating her parental rights after the mother and her lawyer signed the termination order as “Seen and Agreed.” The order terminated the ...

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Domestic Relations – Termination Of Parental Rights – Sexual Abuse (access required)

A man who was convicted of sexually abusing his stepson and who acknowledged extensive alcohol and marijuana abuse and prior convictions for driving under the influence, domestic violence and sexual battery has his parental rights to his two children terminated. ...

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Environmental – Clean Water Act – Virginia Creek – Sewage Discharge (access required)

The operator of a Bedford County, Va. trailer park violated the Clean Water Act by continuously discharging inadequately treated sewage into a tributary of Sandy Creek, which ultimately flowed into the Albemarle Sound in North Carolina, in violation of his ...

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Labor – Railroads – Arbitration Award – Agency Jurisdiction (access required)

In this post-merger labor dispute, the 4th Circuit affirms a district court decision awarding summary judgment to the Transportation Communications International Union, and rejects appellant CSX Transportation’s attempt to vacate arbitration awards by the National Railroad Adjustment Board in favor ...

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Anesthesiologist prevails in epidural case (access required)

The plaintiff, a 35-year-old dwarf, had epidural anesthesia for cesarean delivery of her child. Because of the plaintiff’s dwarfism, placement of the epidural was difficult. Plaintiff experienced breathing difficulties and a decrease in oxygen saturation. She was rushed to the ...

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Drunken passenger settles despite contrib claim (access required)

Plaintiff was a passenger in a vehicle operated by the defendant in the early morning hours. Defendant had a blood alcohol content of 0.24 percent. Plaintiff had a BAC of 0.22 percent. Defendant contended that plaintiff grabbed the steering wheel ...

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Fall by 87-year-old results in settlement (access required)

An 87-year-old assisted living resident fell and sustained hip and elbow fractures while walking from her bed to the bathroom. The resident was documented by the facility to be independent in walking at the time of the fall and for ...

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Punitive damages claim leads to settlement (access required)

The case settled on the morning of trial in anticipation of preliminary motions involving punitive damages. The defendant had a blood alcohol content of 0.11 percent at the time of the accident and was hypoglycemic. Plaintiff’s evidence would have shown ...

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A nozzle to the face: Claim settled for $4M (access required)

There was no question that Oscar D. Allen Jr. was horribly injured when a brass nozzle under high water pressure hit him in the face as he was cleaning an industrial site near Williamsburg in April 2005. The blow shattered ...

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Judge recognizes a conflict in the Code, but dismisses suit (access required)

Norfolk lawyer Lowell A. Stanley believes a decision by a Newport News judge means plaintiff’s attorneys file their cases in general district court at their peril. His adversary in the case, Michael L. Atlee, counters that Newport News General District ...

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