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Author Archives: Virginia Lawyers Weekly

Tort/Negligence – Auto Accident – Jury Verdict – Inadequacy Of Award – New Trial Denied (access required)

Where plaintiff originally was injured on the job in 1979, in an accident which ultimately required back surgery and which was covered by workers’ compensation benefits, and plaintiff later was involved in an automobile accident after which he had additional ...

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Domestic Relations – Adoption – Visitation Rights – Maternal Aunts (access required)

Where the seven-year old boy’s natural father placed him with his paternal aunt and her husband after the boy’s mother died, and after the father died one year later, the paternal aunt and her husband petitioned to adopt the boy, ...

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Tort/Negligence – HIV Testing – False Positive – Limitations – Continuous Treatment (access required)

Where plaintiff, a 54-year-old grandmother, alleges she received treatment for two years based on two false positive tests for HIV performed by defendant laboratory, and that plaintiff suffered damages in the form of mental anxiety, a broken engagement and estrangement ...

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Corporate – Stock Pledge Agreement – Good Faith Requirement (access required)

Where plaintiff, because he realized his corporation was failing, entered into a stock pledge agreement with defendant members of the corporation’s board of directors in which plaintiff placed 200 shares of his stock in escrow and received 201 shares of ...

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Criminal – DUI – Breath Test Availability (access required)

Where defendant has been charged with DUI, and the commonwealth’s only evidence regarding the unavailability of a breath test for defendant were hearsay statements of the arresting officer concerning the unavailability of the breath test, the blood test results are ...

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Criminal – Search & Seizure – Mail Parcel – Drug Detection Dog – Dog's Track Record – Suppression (access required)

Where the first-class mail parcel initially was detained after the local postmistress called the sheriff, who had a drug-detection dog signal an “alert” when sniffing the package, the search warrant which later was obtained to allow search of the package ...

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