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Author Archives: Deborah Elkins

Statutory Immunity for Medical Test Review (access required)

In a first-impression case, a Fairfax Circuit Court rejects a plea in bar under Va. Code § 8.01-581.18:1 filed by defendant neonatologists who assert they had immunity from malpractice liability for an infant’s death, based on alleged duty to review ...

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Lawyers and doctors draw court’s attention so far in ’17 (access required)

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Virginia Lawyers Weekly presents a new service in this issue, “The Trial Practice Mid-Year Review.” This section is a compilation of selected case digests from January-May 2017 that had the designations “Civil Procedure,” “Tort,” “Negligence” and “Insurance.”  The cases come ...

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Sentence Enhancement OK’d for ‘Hunting’ Guns (access required)

A district court did not err in enhancing defendant’s sentence on marijuana and cocaine distribution convictions for firearm possession, even though the firearms were discovered after defendant pled guilty to the original marijuana charge and defendant claimed the guns were ...

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First-Offender Drug Plea Was ‘Conviction’ (access required)

Petitioner’s 2005 criminal proceedings under a first-offender statute for cocaine possession, Va. Code § 18.2-251, constituted a “conviction” as defined in 8 U.S.C. § 1101(a)(48)(A), making petitioner, a Mexican citizen, ineligible for cancellation of removal; the 4th Circuit denies his ...

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No Retaliation Claim for ‘False Report’ Firing (access required)

The 4th Circuit upholds summary judgment for an employer who fired a restaurant manager for reporting a coworker’s complaint of sexual harassment, which the employer determined after investigation was fabricated; filing a false report is not protected activity under Title ...

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