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Monthly Archives: June 2008

Forceps delivery results in brain injury – $2,100,000 Settlement (access required)

In 2003 the plaintiff’s mother finished an uncomplicated prenatal course and went into labor with her first child. The pregnancy was full term. The course of labor was essentially uneventful with the exception of the position of the fetus. There ...

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Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute (access required)

Although plaintiffs suing on two promissory notes have incorporated into their pleadings defendant LLC’s operating agreement showing an individual maker of the note had authority to bind the LLC, the maker did not sign as agent or managing member of ...

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Real Estate – Sales Contract – Dec Action (access required)

A realty company cannot seek declaratory relief against a woman who hired the realty company to sell her mother’s home, then terminated the contract after the realty company allegedly failed to communicate purchase offers and misrepresented details of purchase offers, ...

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Criminal – Capital Case – Right To Counsel – Presentence Interview (access required)

In a case of first impression, a Fairfax Circuit judge holds that a defendant in a capital case does not have a Sixth Amendment right to counsel at the presentence interview conducted by a probation officer, and defendant’s motion to ...

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Real Estate – Condemnation – Majority Report – Alleged Defects (access required)

A Madison County Circuit Court denies respondents’ request to set aside the majority report of the condemnation jury and to order a new trial in this condemnation case. The court first addresses the argument concerning the inaccurate property description contained ...

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Insurance – Premium Payment – Crop Insurance (access required)

Where plaintiffs dispute their obligation to pay a premium for crop insurance for certain crops on their Texas farm, their dispute with defendant insurance company is covered by the arbitration provision in the crop insurance policy, which requires the parties ...

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