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Monthly Archives: January 2009

Negligence – Discovery – Sanctions – Slip & Fall (access required)

A Roanoke U.S. District Court refuses to dismiss this slip-and-fall suit against a Big Lots store as a sanction for the plaintiff’s failure to provide both initial disclosures and expert disclosure under federal discovery rules; however, the court will permit ...

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Negligence – EMTALA – Naval Hospital – Sovereign Immunity (access required)

The U.S. has sovereign immunity against a woman’s claim that a Naval Hospital violated the Emergency Medical Treatment & Active Labor when it prematurely discharged her for pregnancy-related pain, allegedly leading to the premature birth and death of her infant. ...

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Appeals court: 3 get bars’ top nods (access required)

The Virginia State Bar and most other statewide bar groups have given their top ratings to Circuit Judges Burke F. McCahill of Loudoun County and John E. Wetsel Jr. of Winchester and to Leesburg attorney Alexander N. Levay, to fill ...

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Tort – Defamation – Appeal Dismissal – Transcript Filing (access required)

A Richmond U.S. District Court has dismissed a lawsuit filed by an attorney who contended he was defamed by an allegation that he blew a deadline in the appeal of an $8.3 million judgment for injuries received by a young ...

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Employment Discrimination – Disability – Chemical Allergy – Nurse (access required)

A nurse at a geriatric hospital can try her ADA claim alleging defendant hospital failed to accommodate her severe disability from a respiratory allergy to a common household chemical, a Richmond U.S. District Court holds. Plaintiff claims she informed the ...

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Lawyer-plaintiff wins $7M (access required)

An Alexandria jury has returned a $7 million medical-malpractice verdict for a lawyer who claimed he suffered a stroke after his doctor failed to diagnose a heart problem. Five weeks after undergoing a root canal for an abscessed tooth, Gary ...

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Company whacked by Norfolk federal judge (access required)

A Norfolk federal judge has punished a New Jersey business for offering “disingenuous and misleading” excuses for missing a deadline to respond to a lawsuit. The same business also was hit with sanctions for issuing a news release boasting of ...

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VSB would no longer handle non-lawyer CRESPA agents (access required)

Nearly one thousand title insurance agents and companies in Virginia would no longer have to register with the Virginia State Bar as CRESPA settlement agents under a bill introduced for the 2009 General Assembly session. To streamline the bureaucracy for ...

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Senators seek input on federal vacancies (access required)

U.S. Sens. Jim Webb and Mark Warner have asked statewide bar groups to submit recommendations for judicial vacancies on the 4th U.S. Circuit Court of Appeals and in the Eastern District of Virginia by March 1. The groups did not ...

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Lawyers in the News (access required)

Peter A. Gambardella has joined Spotts Fain as an associate in the business section of the firm’s Richmond office, where he focuses on commercial, business and real estate transactions. Gambardella earned his undergraduate degree from the University of Virginia in ...

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