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Author Archives: Virginia Lawyers Weekly

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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Spencer to serve on rules panel (access required)

University of Virginia law Prof. A. Benjamin Spencer has been named to the Advisory Committee on Civil Rules of the U.S. Judicial Conference. The Judicial Conference is the principal policymaking body of the U.S. courts and is charged with developing ...

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