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Author Archives: Deborah Elkins

Civil Procedure – Misnomer – Corporate Name (access required)

A Richmond Circuit Court allows plaintiff to amend its pleadings to include its corporate name with its fictitious name, despite defendants’ objection that the case, based on events that occurred in 2001, has been pending since 2005 with plaintiff’s wrong ...

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Tort – Civil Conspiracy – Tortious Interference (access required)

Plaintiff construction company, who anticipated construction work on the city of Richmond’s Miller & Rhoades restoration project in July 2006, has not stated claims for tortious interference with contract against the city or its former mayor, L. Douglas Wilder, and ...

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Medical Malpractice – Foreign Object – Fraud Claims – Statements Of Fact (access required)

A woman can sue defendant healthcare provider for both med-mal and fraud, based on allegations that defendants botched her breast-implant surgery by leaving a sponge inside her, and then committed fraud by misrepresenting to her that her complications were not ...

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Domestic Relations – Custody – Material Change (access required)

Although father claims the trial court did not properly consider factors such as mother’s anger at his new wife and their son’s expulsion from school for marijuana possession, the Court of Appeals says the trial court did not abuse its ...

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Criminal – Murder – Jury Selection – Juror Questionnaires (access required)

The Court of Appeals rejects a murder defendant’s contention that the trial court used a non-random jury selection process in violation of his federal and state constitutional due process rights and Va. Code § 8.01-345 and -357 because the selection ...

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Criminal – Felony Child Neglect – Father’s Medical Training (access required)

A father who was a Pediatric Pulmonary Fellow at U.Va. was guilty of felony child neglect for his treatment of his infant daughter that caused seizures due to an excess of free water in her system, and the Court of ...

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Workers’ Comp – IME – Unjustified Refusal (access required)

A claimant did not unjustifiably refuse to attend an employer-scheduled independent medical examination when she could not attend the exam, as her lawyer informed employer, because she was in India caring for her ailing father, and the Court of Appeals ...

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Domestic Relations – Termination Of Parental Rights – Substance Abuse (access required)

Parents who failed to comply with a preliminary child protective order that required father and mother to submit to random drug and alcohol testing, complete substance abuse assessments and psychological evaluations and to cooperate with any recommended treatment have their ...

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Criminal – Rape – Juror – Police Friend (access required)

Although two prospective jurors indicated they were friends with police officers, they stated those friendships would not influence their willingness to believe an officer’s testimony over another witness’s, and the Court of Appeals upholds the trial court’s decision not to ...

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