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Author Archives: Virginia Lawyers Weekly

Civil Rights – Group Home – Recovering Drug Abusers – 'Family' Definition – Fair Housing Act (access required)

Where plaintiffs, who operate group homes for recovering drug and alcohol abusers who live in residences which include more than four unrelated individuals, allege that the city’s inspection and citation of their residences for zoning ordinance violations governing the number ...

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Commercial – ECOA – Affirmative Defense – Loan Transactions (access required)

Where the bank is seeking to collect from husband and wife guarantors on a defaulted promissory, the husband may assert a counterclaim for damages based on the Equal Credit Opportunity Act, 15 U.S.C. § 1691, but cannot assert the ECOA ...

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Products Liability – Hip Prosthesis – Breach Of Warranty – Preemption (access required)

Where plaintiff underwent a total hip replacement with a prosthesis which was classified by the Food & Drug Administration as a Class III experimental device, but the prosthesis broke eight months after it was implanted, his claims of breach of ...

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Administrative – Contract – Medical Tuition Loans – National Health Service (access required)

Where defendant, who had received $20,758 in scholarship funds for medical school under the National Health Service Corps Scholarship Program, rejected several opportunities to be placed in a “health manpower shortage area” in order to fulfill his service obligation under ...

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Civil Rights – Off-Duty Officer – Private Security Guard (access required)

Where two off-duty police officers were serving as private security guards at a restaurant when they began pursuing plaintiff, whom a restaurant employee reported had stolen less than $200, and although the guards ultimately shot plaintiff in the neck after ...

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Insurance – Professional Liability – Physician – Artificial Insemination – Criminal Misconduct (access required)

Where the physician, a fertility specialist who was insured under plaintiff’s professional liability policy, engaged in criminal misconduct by artificially inseminating his female patients with his own semen, which he told the patients came either from their husbands or from ...

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Civil Practice – Jurisdiction – Abstention – Zoning Dispute – Alternative Discharge Sewage System (access required)

Where plaintiff landowners are suing local zoning officials under 42 U.S.C. § 1983 for their interpretation of the local zoning ordinance in a manner which denied the landowners a permit for an alternative discharging sewage system, the district court will ...

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Attorneys/Ethics – Legal Malpractice – Criminal Defense – Plaintiff's Guilty Plea (access required)

Although plaintiff now claims that defendant, who served as plaintiff’s defense counsel when plaintiff was charged with illegally distributing controlled substances without a legitimate medical reason, had a conflict of interest because he also represented a police informant in an ...

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Tort/Negligence – Products Liability – Boat Oil Leak – Tenn. Law (access required)

Where plaintiff sued in strict liability for damages from an oil leak in a boat he purchased, Tennessee law, which governs this case, requires the presence of either property damage or physical injury, and because the boat did not pose ...

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