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Home / 2007 / September (page 3)

Monthly Archives: September 2007

Criminal – Coram Vobis – Guilty Plea – Mental Capacity (access required)

A circuit court erred in holding that it did not have jurisdiction to consider defendant’s appeal from a general district court’s refusal to consider his petition for a writ of coram vobis challenging his Alford plea of guilty to a ...

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Criminal – Sex Offender Registry – Crime Reclassification (access required)

The reclassification of a convicted defendant’s offense of taking indecent liberties with a minor, a violation of Va. Code Sect. 18.2-370.1, as a “sexually violent offense” four years after her guilty plea, thus requiring her to reregister more frequently with ...

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Criminal – Sex Offender Registry – Internet Registry (access required)

The retroactive application of a 2006 amendment to the Sex Offender Registry statute, Va. Code Sect. 9.1-909, did not interfere with a right that this particular defendant allegedly accrued in a 2004 court order allowing removal of his information from ...

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Insurance – Liability – Interstate Motor Carriers (access required)

Under an interstate motor carrier’s liability policy with an MCS-90 endorsement, required for interstate operation, a trucking company is liable for negligence in a collision between its tractor-trailer traveling in intrastate commerce and a car traveling on I-64 in Virginia ...

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Medical Malpractice – Treating Physician Testimony – Gastric Bypass Surgery (access required)

A patient who, during surgery to repair an intestinal leak after an earlier gastric bypass procedure, suffered pneumonia and brain damage after she allegedly aspirated vomitus, has her jury $1.165 million verdict (reduced from $3.5 million) upheld on appeal; defendant ...

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Negligence – Auto Accident – Sudden Emergency – Defense Burden (access required)

In this auto accident in which defendant, a diabetic, claimed that a sudden blackout due to a low glucose level caused him to veer across two lanes of traffic and strike a telephone pole that fell on plaintiff’s car, the ...

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Negligence – Maritime Law – Asbestos Exposure (access required)

A $3.4 million award is affirmed for the estate of a Newport News shipyard worker who suffered from malignant mesothelioma after exposure to asbestos, against defendant John Crane Inc., the manufacturer and/or distributor of asbestos containing products used in building ...

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Real Estate – Condemnation – Residue – Visibility Loss (access required)

The Supreme Court upholds a jury award of $175,100 for value of an 11-acre parcel taken by the Commonwealth Transportation Commissioner, and an award of $3,324,900 for damages to the residue, for a Target retail store that claims a loss ...

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Real Estate – Commercial Lease – Breach – Attorney's Fees Clause (access required)

Although a law firm documented in detail its lawyers’ qualifications and the manner in which they spent their time winning this suit for a commercial landlord for $35,443 in damages, the circuit court’s examination of their detailed application and the ...

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Real Estate – Neighbor's Tree – Encroaching Root System (access required)

A Fairfax town home owner is entitled to injunctive relief against a neighbor whose spreading sweet gum tree allegedly has clogged the owner’s sewer system and undermined his foundation, a retaining wall and a backyard patio. The dispositive question is ...

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