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Monthly Archives: August 2009

Error during surgery results in double vision – $495,000 Settlement (access required)

A 64-year-old man with no prior history of eye problems had endoscopic surgery for sinusitis and nasal polyps. During that procedure the surgeon severed the medial rectus muscle in the plaintiff’s right eye. Plaintiff underwent three reconstructive eye surgeries that ...

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Civil Rights – Conversion – Trespass To Chattels – Remittitur (access required)

A Charlottesville U.S. District Court denies defendant landlord’s motion for remittitur in this case in which a jury awarded plaintiff tenants, an African-American married couple, $50,000 in punitive damages and $100,000 apiece in compensatory damages on their racial discrimination claims ...

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Criminal – Habeas – Ineffective Assistance – Plea Bargain Breach (access required)

Although a drug defendant contends the government breached its plea agreement when it undercut its sentencing recommendation by giving a “lukewarm” recommendation “after it had railed for several minutes about petitioner’s prior criminal involvement with drugs,” a Roanoke U.S. District ...

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Civil Rights – Schools – Disabled Student – Private School Tuition (access required)

A hearing officer was justified in finding a disabled student’s parent partly at fault for defendant school system’s failure to offer a free appropriate public education under the Individuals with Disabilities Education Act, but an Alexandria U.S. District Court says ...

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Civil Procedure – Contempt – Sanctions – Attorney’s Fees (access required)

An Alexandria U.S. District Court approves a magistrate judge’s recommendation that sanctions in the form of attorney’s fees and costs of $108,213 be imposed on two third-party witnesses for being found in civil contempt a second time, and that this ...

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Environmental – Clean Water Act – Pollutant Discharge (access required)

A Norfolk U.S. District Court accepts the magistrate judge’s recommendation to enter default judgment against defendant tree service on the federal government’s complaint alleging unauthorized discharge of pollutants into U.S. waters, in violation of the Clean Water Act, in the ...

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Intellectual Property – Trademark Infringement – Kitchen Cabinetry (access required)

A Richmond U.S. District Court says plaintiff cabinet manufacturer may sue defendants for infringement of its “Grove” mark that plaintiff plans to use in connection with manufacture of “Cherry Grove” kitchen and bathroom cabinets, that defendant La-Z-Boy has claimed infringes ...

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Bankruptcy – Attorney’s Fees – Res Judicata (access required)

In these two bankruptcy appeals arising out of nearly 14 years of litigation over attorney’s fees between two lawyers stemming from their joint representation of Preston Conner Sr., an Alexandria U.S. District Court affirms bankruptcy court decisions sustaining defendant lawyer’s ...

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Bankruptcy – Credit Counseling Waiver – Foreclosure Avoidance (access required)

A debtor who stated in his chapter 13 petition that he was seeking to avoid imminent foreclosure and would make immediate arrangements to obtain credit counseling services cannot avoid dismissal of his petition for failure to obtain a waiver of ...

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