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Monthly Archives: July 2008

Fake voters registered in Hampton

An organization that sought to register new voters in Hampton may be rethinking its incentive package for canvassers. According to this story from the Daily Press, the nonprofit group paid young workers to sign up new voters, but only if ...

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Environmental groups challenge coal plant on two fronts

Environmental groups launched a two-pronged legal attack last week on a planned $8-billion coal-burning power plant in Wise County. The Southern Environmental Law Center, on behalf of four other groups, sued in both Richmond Circuit Court and the Supreme Court ...

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Products Liability – Medical Device – Preemption – Manufacturer Rep Presence

A woman’s products liability warranty and design claims against the manufacturer of a NovaSure device used during endometrial surgery are preempted under the 1976 Medical Device Amendments, but she may amend her complaint to state a negligence claim against the ...

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Overhead door injures storage unit customer – $160,000 Verdict (access required)

The plaintiff operated a car detailing business and rented a storage unit from the defendant for his business. On Aug. 25, 2006, when the plaintiff entered the door of his storage unit, the overhead door fell, struck him on the ...

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Mini-facelift causes scarring, deformities – Defense Verdict (access required)

Plaintiff, a 43-year-old diabetic, had a mini-facelift procedure performed by Dr. Gary Burton (a plastic surgeon) on April 28, 2004. Plaintiff claimed that informed consent was not adequate and that the suturing and incision locations in front of both ears ...

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Flimsy railing at restaurant fails to prevent fall – $700,000 Settlement (access required)

A 34-year-old real estate agent attended a marketing event at an upscale restaurant at the Reston Town Center. The reception was organized by the sellers of a new condominium development, and about 450 agents and clients were invited. The restaurant ...

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Elderly patient injured because restraints left off – $812,258 Settlement (access required)

Type of Action: Medical malpractice Injuries: Elderly patient fell after facility left off required restraint Court: Williamsburg Circuit Court Verdict/Settlement: Settlement Special Damages: Confidential Amount of Settlement: $812,258.69 (payment of $750,000, plus lien release of additional $62,258.69). Experts: Confidential Plaintiff’s ...

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Criminal – Eluding Police – Venue (access required)

A defendant cannot overturn his conviction for eluding police in violation of Va. Code § 46.2-817(B) with a claim that venue was improper in the City of Newport News, the Court of Appeals holds. There is sufficient evidence in the ...

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Criminal – Embezzlement – Sentence – Statutory Maximum (access required)

A defendant convicted of felony embezzlement cannot have her sentence reviewed by the Court of Appeals. The trial court sentenced defendant to a total of 10 years but suspended five years, six months of that sentence. Thus, defendant’s total sentence, ...

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