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Monthly Archives: September 2009

Real Estate – Fraud – Limitations (access required)

Common sense dictates that plaintiff buyers would have known the address of the commercial property they were purchasing, says a magistrate judge for the Abingdon U.S. District Court, and because plaintiffs reasonably should have discovered defendants’ alleged fraud in using ...

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‘Tactical’ Advantage: Patient has fraud claim from botched breast surgery (access required)

A woman may seek punitive damages and attorneys’ fees for alleged misrepresentations about breast implant surgery even though the claims fall within the Virginia Medical Malpractice Act, a Roanoke City Circuit judge has ruled. “[T]here is nothing in the Act ...

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Civil Rights – Occupancy Permit – Easement Location (access required)

Homeowners who allege they relied on a local county building official’s statement that the APCO electric utility had approved location of the home they planned to construct, cannot sue the county for violation of their constitutional rights when they later ...

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Criminal – Drug Conspiracy – Meth Sales (access required)

The government presented substantial evidence of the two defendants’ criminal activity in relation to a conspiracy to distribute methamphetamine, and the Abingdon U.S. District Court denies defendants’ post-trial motions for judgment of acquittal. I find the government presented substantial evidence ...

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Payee-notice plans need more work, VTLA says (access required)

Present proposals for payee-notice to clients unfairly point the finger at p.i. lawyers, according to the Virginia Trial Lawyers Association. The VTLA says that other measures, such as random audit of trust accounts and beefing up the Clients Protection Fund, ...

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ER doc gets $900,000 for job tort claim (access required)

A Salem hospital has been hit with a $900,000 jury verdict in a case where a doctor accused hospital officials of getting her fired from her practice group for supporting disgruntled nurses. The case points up a potential area of ...

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Employment Discrimination – Ex Parte Contact – Sexual Harassment – Nonsupervisory Employees (access required)

An Abingdon U.S. District Court says plaintiffs’ counsel in this Title VII sexual harassment suit can have ex parte contact with defendant company’s nonsupervisory employees under FRE 801(d)(2)(D) and Virginia Rule of Professional Conduct 4.2, and employer is entitled to ...

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Criminal – Child Rape – Victim Testimony (access required)

Although a young girl at first denied that defendant, who lived with the girl and her mother and brother, had been molesting her from age eight or nine to age 11, she later described his conduct and medical examination by ...

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Keenan nominated to 4th Circuit judgeship (access required)

President Barack Obama has nominated Virginia Supreme Court Justice Barbara Milano Keenan to fill a vacancy on the 4th U.S. Circuit Court of Appeals. “Justice Keenan has a long and distinguished record of service on the bench,” Obama said in ...

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Contract – Partnership Agreement – Business Venture (access required)

The arrangement plaintiff had with defendants – involving a short-term lease of compressors – was for a defined period of time with a single client; the parties did not agree to conduct business for a sustained period for the purposes ...

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