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Monthly Archives: December 2007

Criminal – Involuntary Manslaughter – Criminal Negligence (access required)

A defendant who gave two minors capsules of DXM, an antitussive ingredient contained in non-prescription cold medicines and not illegal to possess, that defendant had packaged, can be convicted of involuntary manslaughter in the death of one of the minors ...

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Criminal – Venue Change – 'High- Profile' News Story (access required)

Although defendant claims the subject matter of his indictment has been a “high-profile” news story heavily reported by multiple local news outlets in the Hampton Roads area, the sheer volume of news coverage, standing alone, does not warrant a change ...

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Municipal – Contract – Waste Disposal (access required)

Although the General Assembly in 2000 passed legislation allowing localities to withdraw from participation in the Southeastern Public Service Authority, the City of Chesapeake, a participating locality, presently is bound by a written Agreement for Use and Support of a ...

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Municipal – FOIA – Mandamus – Accident Claims – Sewer Backup (access required)

A reporter for The Virginian-Pilot is entitled to a writ of mandamus requiring the City of Chesapeake to provide to him, in addition to general spreadsheet data on general liability and auto liability claims paid by the city, the names ...

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Negligence – Auto Accident – No Damage Award (access required)

A jury was free to consider an auto accident plaintiff’s statement at the accident scene that she was not injured, under jury instructions to which the plaintiff did not object, and although the defendant conceded liability, the circuit court declines ...

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Tort – Defamation – Environmentalist Reputation – Opinion (access required)

A circuit court dismisses a defamation claim filed by John C. Holland Jr., president of an industrial waste landfill in Suffolk and a managing partner of a swamp restoration bank in southeast Virginia, against John Hadfield, executive director of the ...

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Real Estate – Biosolid Recycling – Private Nuisance – Trespass (access required)

Neighbors of a farm that purportedly has added one million gallons of hog waste material to the biosolids it has a permit to spread on farm property cannot recover damages on their trespass claim, and their claim for private nuisance ...

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Antitrust – Limitations – Fraudulent Concealment – Inquiry Notice (access required)

In this antitrust suit filed by GO Computer Inc., who alleged defendant Microsoft took a variety of anticompetitive actions to drive out of business GO’s PenPoint technology for a handheld computer with a stylus pen, the district court did not ...

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