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Monthly Archives: December 2008

Woman alleges battery during breast examination – Defense Verdict (access required)

Plaintiff, a 58-year-old woman, returned for a follow-up visit with the defendant physician, an ear, nose and throat specialist, with continued sinus symptoms. The defendant testified that during her visit, the plaintiff informed defendant physician’s nursing assistant that she had ...

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Permanent leg injury develops from fractured tibia, fibula – $1,550,000 Settlement (access required)

Plaintiff, a 15-year-old high school student, was playing basketball in the gym when he landed awkwardly and hyper-extended his knee. Plaintiff was transported to the emergency department at the local hospital, X-rayed and diagnosed with a markedly displaced tibial-fibular fracture ...

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Insurance – Life Insurance – Policy Lapse Notice – Pleading Bad Faith (access required)

An executor can try her breach of contract claim against a life insurance carrier on whether decedent received adequate notice under Va. Code § 38.2-232 about the lapse of his individual policy previously paid by his employer, a Baptist church, ...

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Contract – Airport Services – Tortious Interference (access required)

Plaintiff company, a “Fixed Base Operator” of airport concessions and services for noncommercial aviation industries, cannot sue defendant competitor, which operates a corporate hangar facility, for tortious interference with contract for its alleged encroachment on plaintiff’s operations, an Alexandria U.S. ...

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Employment Discrimination – Hostile Environment – Race – Cosmetic Surgery (access required)

A hospital employee of Nicaraguan origin who alleges coworkers uttered racially offensive statements in her presence about Latino patients and made offensive remarks about her after she underwent cosmetic surgery, has failed to state claims under Title VII; however, plaintiff ...

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Search & Seizure – Drug Dog – Training – Expert Opinion (access required)

A Norfolk U.S. District Court refuses to suppress a gun found in defendant’s car, which was stopped on suspicion of having a too-dark window tint under Virginia law, as the government supported the legality of the car search with expert ...

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Immigration – Aggravated Felon – Reckless Endangerment Conviction (access required)

A Jordanian national and permanent resident can be deported from the U.S. as an aggravated felon who was convicted of reckless endangerment, which qualified as a “crime of violence,” and petitioner has no claim for a due process violation based ...

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Employment – Patronage Dismissal Claim – Job Duties – Agency Assistant Director (access required)

A 38-year veteran employee of the Baltimore City Department of Social Services who alleges a patronage dismissal from her position as assistant director violated her constitutional rights, has summary judgment against her affirmed by the 4th Circuit. Plaintiff first contends ...

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Teen gets punitives of $200K from drunk (access required)

A Harrisonburg lawyer is battling to keep the $200,000 punitive damages he won this fall for the victim of a crash caused by a drunken driver. The verdict was returned Oct. 31 by a jury in Rockingham County, one of ...

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