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Monthly Archives: August 2008

Sepsis, organ failure results after ventral hernia surgery – Defense Verdict (access required)

Plaintiff’s deceased had repeated abdominal operations over the years, including one for a ventral hernia. Following a recurrence, one of defendant’s surgeons performed a laparoscopic ventral hernia repair with mesh in 2003. Patient was 59 years old. On a follow-up ...

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Creditor’s Rights – Fair Debt Act – Former Spouse’s Debt (access required)

A plaintiff barely states a claim for violation of the Fair Debt Collection Practices Act with allegations that defendant falsely represented that she owed a $10,444 debt of her former husband because her Social Security number was on the account ...

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Civil Procedure – Mortgage Fraud – Jurisdiction – Rooker-Feldman Doctrine (access required)

A Richmond U.S. District Court dismisses a pro se plaintiff’s suit alleging defendant committed mortgage fraud by using plaintiff’s signature on a “Bargain Deed of Sale” and deeded plaintiff’s home to another entity. As defendant correctly points out, the criminal ...

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Civil Procedure – Res Judicata – Negligence – SSA (access required)

A plaintiff’s civil rights suit alleging negligence by defendant hospital, doctors and Social Security Administration in the death of his wife, is dismissed by a Richmond U.S. District Court under the doctrine of res judicata because plaintiff’s prior suit alleging ...

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Criminal – Civil Forfeiture – Firearms – ‘Innocent Owner’ (access required)

Although claimant’s father died before he was charged or convicted as a felon in possession of weapons, a WWII firearms collection, claimant nevertheless has failed to establish entitlement to the firearms collection as an “innocent owner,” and an Alexandria U.S. ...

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Criminal – Death Penalty – TRO – Lethal Injection Protocol (access required)

A Norfolk U.S. District Court denies a death-row inmate’s emergency motion for a temporary restraining order to defer his execution by lethal injection, in light of his recent complaint under 42 U.S.C. § 1983 challenging the constitutionality of the Virginia ...

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Insurance – Fire Loss – Business Interruption – Statutory Appraisal – Arbitration (access required)

When an insulation plant squared off against its insurance carrier on a claim for business interruption loss after a fire at the Lawrenceville, Va. plant, each side’s complaints about the other’s “disinterested” loss appraiser under Va. Code § 38.2-2105 cancelled ...

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