Medical Malpractice – EMTALA – Triage – Diabetic Condition
By Deborah Elkins
Published: October 20, 2008
An emergency-room patient who alleges he received no care after a triage nurse prioritized him as “non-urgent” and failed to include his history of diabetes or diabetic ketoacidosis condition, has stated a claim for violation of the Emergency Medical Treatment and Active Labor Act, a Danville U.S. District Court says.
Scruggs v. Danville Regional Medical Center [...]
Basket Brawl
By Peter Vieth
Published: October 20, 2008
A North Carolina student is suing two colleges and an athletic conference, claiming that she was “punched, kicked, and choked unconscious” in a bench-clearing brawl at a college basketball game at a Virginia school.
Turquoise Lane also alleges that officials at Saint Paul’s College in Lawrenceville refused to call emergency help or provide medical care for [...]
A law school ‘bowl system’
By Peter Vieth
Published: October 20, 2008
It is common knowledge that law schools attract competitive people. Some of the most competitive law students take part in moot court or trial competitions that pit teams from different law schools against each other. Now, an upstart Web site that attempts to rank the various law school advocacy programs is starting to [...]
Fishwick mulls run for Demo nod for AG
By Paul Fletcher
Published: October 20, 2008
Roanoke lawyer John P. Fishwick Jr. has announced that he has formed a campaign committee to explore a run for the 2009 Democratic nomination for Attorney General.
In a primary, he would face Del. Steve Shannon, D-Fairfax, the only other Democrat currently seeking the party’s nod for AG. Shannon has said he will make a formal [...]
UR plans to open downtown Richmond center in January
By Alan Cooper
Published: October 20, 2008
More than 50 University of Richmond law students will begin working in downtown Richmond in January to provide a variety of pro bono legal services.
Tara L. Casey, the UR law professor who directs the Harry L. Carrico Center for Pro Bono Service, had hoped to be operating out of the former Franklin Federal Savings and [...]
J&DR judge may face questions on JIRC report
By Alan Cooper
Published: October 20, 2008
Hopewell J&DR Judge Jacqueline R. Waymack will seek another six-year term on the bench during the 2009 General Assembly session, but she may be asked to explain a finding of misconduct by the Judicial Inquiry and Review Commission to win reelection.
Most JIRC proceedings remain behind closed doors. But when a judge comes up for reappointment, [...]
Negligence – Student Athlete – Game Security 
By Deborah Elkins
Published: October 20, 2008
A Brunswick County Circuit Court overrules a college athletic association’s demurrer to a negligence action filed by a college-student athlete on the Livingstone College women’s basketball team, who alleges she was assaulted by a member of the Saint Paul’s College women’s basketball team and other students during a game at Saint Paul’s.
Defendant Central Intercollegiate Athletic [...]
Contract – Municipal – Waste Hauling – VPPA 
By Deborah Elkins
Published: October 20, 2008
A Botetourt County Circuit Court says the Virginia Public Procurement Act applies to a county’s decision to extend a waste hauling contract under the county’s solid waste ordinance, without soliciting bids, and the court overrules defendant county’s demurrer to a suit filed by a competitor that alleges it had no chance to compete.
The subject is [...]
Lawyers in the News
By Sarah Rodriguez
Published: October 20, 2008
Two attorneys have joined the Virginia Beach law firm of McKenry, Dancigers, Dawson & Lake PC.
B. Clay Chick focuses his practice on contract formation and interpretation; real estate; business organization; guardian and conservatorships; and commercial and business litigation. Chick was previously in-house counsel to the Pepperdine Corporation. He graduated from the Nova Southeastern University law [...]
Domestic Relations – Permanent Foster Care – Visitation 
By Deborah Elkins
Published: October 20, 2008
The Court of Appeals upholds a trial court decision approving a permanent foster care plan for her minor child that refused to grant specific visitation to mother.
Mother argues that permanent foster care is not in the child’s best interests. Mother further argues that adoption was the best alternative for the child in order to provide [...]

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