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Author Archives: Virginia Lawyers Weekly

Carrier offered more than total payout due to tendered limits – $1.3M Settlement (access required)

The claimant, a 32-year-old plumber, was injured on Nov. 20, 2015, when his work van was T-boned by a reckless driver trav­elling over 100 mph. As a result of the accident, claimant suf­fered a C2 fracture, a L1 burst fracture ...

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Plaintiff settles TBI claim for 90 percent of UM limits – $90,000 Settlement (access required)

The uninsured defendant pulled out into the path of the plaintiff’s vehicle right at the Virgin­ia-North Caroli­na line (raising interesting choice of law issues). The plaintiff, a security specialist for a major na­tional bank, was proceeding at 55 mph through ...

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Path to getting court to seal record not always clear

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By Erik Baines Statutes and the common law govern the court’s authority to seal (or sequester) its re­cord. See generally Shenandoah Pub. House, Inc. v. Fanning, 235 Va. 25 (1988). The common law has long-recognized a public right to access ...

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Third-party custody and visitation present challenges

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By Melissa VanZile Third-party custody and visita­tion are among the more chal­lenging custody issues for family law practitioners and courts, as they involve people who may not be a child’s parent but a per­son who has usually played an ac­tive role ...

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Cohabitation in a relationship analogous to marriage

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By Irene C. Delcamp When seeking a modifica­tion of spousal support, one goal for payor former spouses may be proving that the other party is cohabiting in a rela­tionship analogous to a marriage for over one year. For the practi­tioner, this ...

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Testing for rare genetic mutation not standard of care – Defense Verdict (access required)

Patient died fol­lowing one cycle of FOLFOX che­motherapy after a diagnosis of Stage IIIB colon cancer. It was later deter­mined that patient had a rare genetic mutation that af­fected his ability to metabolize 5-FU, the active agent in FOLFOX. Adminis­trator ...

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On icy day, security officer hit by car while helping with accident – $1,050,000 Settlement (access required)

Plaintiff, a conservator of the peace, worked as a security officer for a private company contracted to patrol office parks in Chesterfield County. On March 27, 2014, he was on the job traveling on Midlothian Turnpike westbound between office parks ...

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