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Author Archives: Virginia Lawyers Weekly

Public Employees – Constitutional – First Amendment – Political Activism – Schools & School Boards – Inappropriate Comments (access required)

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

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Third-Party Beneficiary – Condition Precedent – Prevention Doctrine –Purposeful Act or Omission (access required)

Rastek Constr. & Dev. Corp. v. General Land Commercial Real Estate Co. LLC (VLW No. 017-6-095, 16pp.) (Kelsey, J.) Record No. 161549. Appealed from the Circuit Court of Chesterfield County. Holding: Where the appellant-seller had signed a sales agreement with ...

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In Forma Pauperis – Inmate Trust Accounts – “Deposits” (access required)

Grethen v. Robinson (VLW No. 017-6-092, 8pp.) (McCullough, J.) (McClanahan, J., dissenting) Record No.  161417. Holding: Where the plaintiff-inmate has an account into which “deposits” are placed but, under Department of Corrections Operating Procedure, these funds are used to satisfy ...

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Adoption – Preservation of Issue for Appeal – Petition to Set Aside Adoption (access required)

Castillo v. Bell (VLW No. 017-7-273, 4pp.) Record No. 0859-17-3. (Per Curiam, unpublished) Appealed from the Circuit Court of Rockbridge County (Filson, J.) Holding: Where the appellant-biological mother endorsed a final adoption order as “Seen and objected to” without further ...

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Failure to Appear – Motion in Limine – Willfulness – Insufficient Evidence (access required)

Cosby v. Commonwealth (VLW No. 017-7-277, 13pp.) (Clements, J.) Record No. 1982-16-2. Appealed from the Circuit County of the City of Richmond. (Rupe, J.) Holding: Where the testimony of a detective that he saw the appellant-defendant in the courthouse about ...

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Legal community gives kids a holiday boost

The Roanoke legal community turned out again for the 12th annual Santa at the Station event for children and their families living in Roanoke Valley shelters. The Dec. 8 holiday party was made possible by 48 volunteers, including lawyers, legal ...

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Baby’s arm was damaged during birth process – $950,000 Settlement (access required)

In April 2012, plaintiff began receiving prenatal care for her seventh pregnancy. During the course of her prenatal care, the history, physical examinations, and tests showed the plaintiff had an increased risk for encountering shoulder dystocia during a vaginal delivery, ...

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After rear-ender, causation of extensive treatment disputed – $735,000 Settlement (access required)

On March 2, 2012, the plaintiff was stopped at a red light at the 3100 block of Shore Drive in Virginia Beach. The defendant was driving at approximately 30 miles per hour behind the defendant and rear-ended her vehicle. While ...

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Man with jerking condition spilled scalding coffee on himself – Defense Verdict (access required)

Plaintiff, a 46-year-old male, was an inpatient at the hospital due to an acute COPD exacerbation when he spilled coffee on his lap and burned himself. Plaintiff also had myoclonus, or involuntary jerking movements of the upper extremities, due to ...

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Continued use of bone needle caused foot drop – $1,750,000 Settlement (access required)

Plaintiff, a 35-year-old male, was transported to the emergency department with complaints of syncope, chest pain and shortness of breath. A CT scan revealed bilateral pulmonary emboli. He suffered acute respiratory failure requiring resuscitation in the ED. An intraosseous catheter ...

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