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Monthly Archives: November 2008

Attorneys – Legal Malpractice – Insurer Claims (access required)

Liability and excess carriers who covered an $8.3 million verdict against the Wintergreen resort have no claim for legal malpractice under Virginia law, a Richmond Circuit Court rules. Plaintiffs allege the Supreme Court of Virginia dismissed their appeal of an ...

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Domestic Relations – Grandparent Visitation – Deceased Mother (access required)

A four-year-old girl whose biological mother died shortly after the child’s birth will have scheduled visitation with her maternal grandmother, the Court of Appeals says, even though father objects to regularly scheduled, court-ordered visitation because he fears it will interfere ...

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Environmental – Administrative – Water Protection Permit (access required)

The Court of Appeals reverses a circuit court decision that upheld the extension of a Virginia Water Protection Permit previously issued to the City of Newport News for the construction and operation of a reservoir in King William County. On ...

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Criminal – Leaving Accident Scene – Victim’s Injury (access required)

Where a woman got out of her car and walked back to ask defendant if he was OK after he rear-ended her car with his pickup truck, and her vehicle suffered only $400 in damages, there was insufficient evidence that ...

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Negligence – Charitable Immunity – University Physicians (access required)

The Supreme Court of Virginia holds that Eastern Virginia Medical School Academic Physicians and Surgeons Health Services Foundation does not have charitable immunity in these negligence actions. Judges in Norfolk had ruled in three separate cases that the foundation has ...

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Criminal – Miranda Warnings – Custody – Gun In Car (access required)

The Supreme Court of Virginia reverses a Court of Appeals judgment upholding a defendant’s conviction of weapon possession because, contrary to the lower court ruling, defendant was in custody and should have received Miranda warnings when an officer questioned him ...

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Criminal – First-Offender Statute – Cocaine Conviction (access required)

The Supreme Court of Virginia reverses a judgment allowing revocation of the first-offender status under Va. Code § 18.2-251 of a defendant convicted of cocaine possession. The Court of Appeals held that while the circuit court’s Dec. 21, 2004, order ...

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Criminal – Hit & Run – Police Pursuit – Striking Police Vehicle (access required)

The Virginia Supreme Court affirms the felony hit-and-run conviction of a driver who was being pursued by police for speeding, and who, after being stopped, rammed one police car in front of him, backed up to strike a second police ...

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