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Monthly Archives: October 2008

Physician fails to diagnose bacterial endocarditis – $1,200,000 Settlement (access required)

A 24-year-old woman presented to her family practice physician in April 2006, complaining of a five- to six-week history of fever, chills, myalgia, weight loss, fatigue, lightheadedness, weakness and a non-productive cough. Her fever had been intermittent, with a high ...

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Bankruptcy – Judgment Lien – Car Purchase (access required)

A Harrisonburg U.S. Bankruptcy Court denies debtors’ motion to void a judgment lien obtained by defendant car dealership on a judgment docketed in Augusta County Circuit Court in 1999, that attached to the female debtor’s interest in real estate she ...

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Criminal – Bond Conditions – False SSN Use (access required)

A woman who pleaded guilty to use of a false social security number has her motion to modify conditions of bond denied by an Abingdon U.S. District Court because she has not shown that she would not be a danger ...

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Criminal – Interstate Stalking – Insanity Defense – Conditional Release (access required)

A Big Stone Gap U.S. District Judge denies conditional release of a defendant who in 2007 was acquitted of interstate stalking by reason of insanity, because the evidence still fails to show that defendant’s release would not create a substantial ...

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Employment Discrimination – Discovery – Stricken Defense – Disability (access required)

An employer defending a suit alleging wrongful termination and disability discrimination has its defense of discharge for financial reasons struck for violation of discovery rules, a magistrate judge in the Roanoke U.S. District Court holds. As regards document discovery, plaintiff ...

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Employment – Sarbanes-Oxley – Whistleblower – Attorney’s Fees (access required)

An Alexandria U.S. District Court has awarded plaintiff whistleblower $325,484 in attorney’s fees and costs, in a case pending on appeal, in which the plaintiff accepted an offer of judgment for $130,000 from defendant corporation under Fed. R. Civ. P. ...

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Employment Discrimination – Practice Contract Termination – Sexual Harassment Complaint (access required)

An African-American anesthesiologist who is suing his former practice, its chair and Inova Hospital, for his termination on a complaint that he sexually harassed an Inova employee, loses his request for reconsideration of the Alexandria U.S. District Court’s dismissal of ...

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Search & Seizure – Traffic Stop – Window Tint – Passenger Search (access required)

A Newport News U.S. District Court denies defendant’s motion to suppress two plastic bags containing cocaine and marijuana discovered on his person when police stopped the vehicle in which defendant was a passenger and had the occupants exit when they ...

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Banks & Banking – Deposit Agreements – Unauthorized Checks – Conversion (access required)

Plaintiff, who was a personal and business banking customer of defendant Wachovia, has no claim against the bank for debiting his personal accounts after the bank was notified that plaintiff was not authorized to draw nearly $200,000 in checks from ...

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