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Yearly Archives: 2010

Attorneys – Sanctions – Expert Witness Opinion – Nonsuit (access required)

Although a Fairfax Circuit Court struck testimony by plaintiff’s expert about her alleged spinal fractures that resulted from a 2005 traffic accident, the court declines to award defendants over $16,000 in defense expert fees because plaintiff took her first nonsuit ...

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Domestic Relations – Appeals – Mandate – Child Support Order (access required)

The appellate court remanded this divorce case in 2008 solely for a recalculation of child support; a Roanoke City Circuit Court says the parties were not entitled to reopen the whole divorce case, and orders unrelated to the child support ...

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Negligence – Premises Liability – Parking Deck – Security Contractor (access required)

A Fairfax Circuit Court says a private security contractor for a mall parking deck cannot be sued for negligence based on allegations that security personnel did not respond to surveillance video images that showed the men who abducted a woman ...

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Search & Seizure – Traffic Stop – Passenger’s Gun – Pants Pocket (access required)

A passenger who was ordered out of a car after a valid traffic stop could not suppress the revolver seized from his pants pocket after he assaulted a deputy, and the 4th Circuit upholds the passenger’s conviction for possession of ...

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Employment Discrimination – Police Academy – Sexual Harassment – Hostile Environment (access required)

The 4th Circuit reverses summary judgment for the city on an African-American female police recruit’s sexual harassment claim, but affirms summary judgment on her claim alleging race discrimination. We find plaintiff presented enough evidence for a reasonable jury to conclude ...

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Tort – Defamation – ER Treatment – ‘Euthanized’ Patient (access required)

A contract anesthesiologist can sue a hospital and its house trauma surgeon for defamation for telling the anesthesiologist, “you just euthanized my patient,” and communicating that statement to other hospital staff; but the other comments made by the surgeon were ...

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Criminal – Mail Fraud – Restitution – Court Findings (access required)

In ordering restitution in the amount of IRS refunds issued to defendant in his multi-million dollar fraudulent tax-return scheme, the district court failed to identify the statute under which it was ordering restitution, and the 4th Circuit vacates the restitution ...

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