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Monthly Archives: September 2009

Contract – Home Construction – Fraud – Foundation Repairs (access required)

In this contract dispute between a building contractor and a property owner over construction of a new house, the Supreme Court of Virginia reverses the award of punitive damages for fraud because the alleged fraudulent representations about certain repairs made ...

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Medical Malpractice – Proximate Causation – Colon Surgery (access required)

A trial court erred in striking a med-mal plaintiff’s evidence that defendant surgeon’s treatment of her – by removing nearly all of plaintiff’s colon to remove a likely benign polyp discovered during a colonoscopy – was a proximate cause of ...

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Medical Malpractice – Treating Physician – Fact v. Opinion (access required)

At trial of plaintiff’s med-mal suit against an orthopedic surgeon who surgically repaired plaintiff’s broken hip by installing a reconstruction plate secured by screws, the trial court did not err in admitting testimony of two radiologists who treated plaintiff on ...

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Crossing the Finish Line…Eventually (access required)

For Virginia lawyers, finding CLE hours and fulfilling annual license requirements is easier than ever. Big shops like Virginia CLE cover a wide range of topics in a variety of formats. The Virginia State Bar, among others, offers free CLEs ...

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Criminal – New Sentencing Hearing – Excessive Sentence – Statutory Maximum (access required)

A defendant convicted of multiple crimes, including second-degree murder, and sentenced to a punishment in excess of the statutorily prescribed maximum range of punishment is entitled to a new sentencing hearing for that conviction, the Supreme Court of Virginia says. ...

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Lawyers want to get paid… (access required)

Family lawyers who accept court-appointed work in Fairfax County say they’re not getting paid on time, and two of them are asking the Supreme Court of Virginia to intervene, claiming they are owed more than $50,000 in fees for work ...

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Real Estate – Lakefront Property – Easement – Extended Lot Lines (access required)

Owners of a lakefront on Smith Mountain Lake do not have to remove from their land a dock and beach area within the alleged “extended lot lines” of an adjacent landowner’s property, the Supreme Court of Virginia say, as appellant ...

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E-Verify program requires online eligibility check (access required)

The U.S. Chamber of Commerce and other opponents of the E-Verify program hoped – even expected – to delay its mandatory use for federal contracts until the end of the government’s fiscal year, Sept. 30, and perhaps beyond. No such ...

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Get ready for more aggressive HIPAA enforcement (access required)

Another round of regulations under federal privacy laws means more lawyers writing more advisories for businesses, and one health law attorney says it’s time to prepare for more aggressive HIPAA enforcement. This time, the regulations under the Health Insurance Portability ...

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Criminal – Registered Sex Offender – School Property (access required)

The Supreme Court of Virginia reverses a circuit court order allowing a registered sex offender to come onto school property for school activities related to his stepson, because the order violates Article VIII, Section of the Virginia Constitution, which vests ...

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