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Monthly Archives: October 2009

Medical Malpractice – Limitations – Continuous Treatment Rule – Cancer Diagnosis (access required)

In this med-mal case alleging that defendant radiology practice negligently performed and interpreted various radiological studies from December 2002 to October 2005, a Richmond Circuit Court sustains defendant’s plea of the statute of limitations, finding that defendants’ treatments were single, ...

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VSB backs payee notification rule (access required)

WILLIAMSBURG—The Virginia State Bar Council has endorsed payee notification in a sharp reversal of a vote just two years ago. The vote on Oct. 16 was 39-25 in favor compared with 54-7 in opposition in 2007. Such stalwarts of the ...

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No trailer coverage for $1.7M judgment (access required)

A woman who won a $1.7 million award in her auto-accident case cannot collect under an insurance policy endorsement that covered the trailer being hauled on State Route 15 in Loudoun County. The endorsement at issue, the MCS-90, is intended ...

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Domestic Relations – Equitable Distribution – Wife’s Mental Capacity (access required)

A trial court did not err in sustaining wife’s exception to a commissioner’s report finding that she had the mental capacity to enter into a separation agreement, after wife’s brain surgery in 1999, and the Court of Appeal affirms a ...

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High court hears ineffective assistance case (access required)

WASHINGTON—Having a bad lawyer can cost you time and money. But when relying on bad legal advice results in a deportation order, does that cost you your constitutional rights? That is the question the justices of the U.S. Supreme Court ...

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Criminal – Conspiracy – Robbery – Victim Identity (access required)

The Court of Appeals upholds defendant’s conviction for attempted robbery and related crimes, despite his appellate claim that the evidence was insufficient to convict him of the crimes, in the absence of the inadmissible hearsay testimony of Rachel Morales proving ...

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This week is Pro Bono Week (access required)

This week marks the first National Celebration of Pro Bono, and it’s easy to take part in the observance if you’re near Richmond. A whole week of activities is planned by the University of Richmond’s law school both on the ...

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AG race: A preview of coming attractions? (access required)

The name of the office is attorney general, but you could almost add a subtitle: “Gubernatorial nominee in waiting.’’ Virginia’s attorney general has advanced to the top of the ticket in seven of eight elections dating back to 1981, winning ...

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Workers’ Comp – Constructive Fraud – Knee Injury (access required)

The Court of Appeals affirms a commission decision reinstating a prior award of temporary total disability benefits to a claimant who injured her knee, as the commission found insufficient proof of constructive fraud. Here, claimant did not withhold information, nor ...

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