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Monthly Archives: January 2010

Severed artery during surgery results in amputation of leg – $1,275,000 Settlement (access required)

In preparing the femur for insertion of a component for a total knee replacement, the defendant drilled through the back of the femur and severed the popliteal artery. Attempts at repair were unsuccessful, resulting in amputation. Plaintiff was in her ...

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Price of site excluded in condemnation case – $1,011,622 Verdict   (access required)

This condemnation case involved the taking of a 0.51-acre parcel for construction of a grade separation over the railroad tracks across U.S. 29 in Gainesville. The owner had purchased the tract for $250,000 about two years before the taking. The ...

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Civil Rights – Schools – Title IX – College Varsity Sports (access required)

A Harrisonburg U.S. District Court dismisses a lawsuit filed by a sports-advocacy group against James Madison University alleging that JMU violated Title IX and the federal constitution by eliminating 10 varsity athletic teams in 2007, including men’s cross-country, track and ...

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Motorist’s elbow injured in tractor-trailer collision – $600,000 Verdict  (access required)

The plaintiff was a 34-year-old woman who was traveling on a four-lane highway in Chesterfield County. The defendant, operating a tractor-trailer, changed lanes, and the front of the tractor-trailer struck the left rear of the plaintiff’s car, causing the plaintiff’s ...

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Insurance – Duty To Defend – Web Advertising – No-Bark Dog Collars (access required)

A Richmond U.S. District Court says an insurance carrier has no duty under its “Web Xtend Liability” policy to defend plaintiff manufacturer on intellectual property claims from the manufacture and sale of dog training collars that allegedly use another company’s ...

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Civil Procedure – Jury Trial – Malpractice Defense Contract Claim – Dec Action (access required)

A Richmond U.S. District Court says a lawyer who wants a malpractice defense gets a jury trial on his contract counterclaim against his carrier, before trial of the parties’ dec actions. The issue at hand is not squarely whether a ...

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Criminal – Terrorist Conspiracy – Guilty Plea – Brady Claim (access required)

The 4th Circuit upholds the conviction, on a guilty plea, of Zacarias Moussaoui to six criminal conspiracy counts arising from the al Qaeda terrorist organization’s plot to use commercial aircraft to commit terrorist attacks in this country, including the attacks ...

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Civil Procedure – Discovery – FOIA – ‘Common Interest’ Agreement (access required)

In this FOIA action arising from an earlier patent suit brought by New Technology Patents Inc., a client of Hunton & Williams, against Research In Motion Ltd., manufacturer of BlackBerry devices, the 4th Circuit affirms the district court conclusion that ...

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Criminal – Government Contract Fraud – Aviation Fuel Contracts – Restitution (access required)

In the government’s appeal of defendant’s probationary sentence in connection with his guilty plea to fraud charges from his participation in a procurement scheme involving aviation fuel contracts, the 4th Circuit vacates defendant’s sentence and remands for resentencing, and orders ...

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