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Opinion Digests

Contract – 'As Is' Clause – Condition Of Collateral – Fla. Law (access required)

A company that agreed to purchase a note from a bank that is in receivership may not assert “changed circumstances” against the Resolution Trust Corporation’s action on the agreement due to an allegation that property securing the note is now ...

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Evidence – Expert Witness – Engineer – Stone On Walkway (access required)

A plaintiff suing for injuries from a fall at a Busch Gardens theme park may not present expert testimony from a civil engineer concerning the use of smooth “river run” stone near an asphalt walkway because the expert’s opinion is ...

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Medical Malpractice – Emergency Treatment Act – Va. Statutory Damage Cap (access required)

A woman who won a $1 million judgment against a hospital under the federal Emergency Medical Treatment & Active Labor Act, 42 U.S.C. § § 1395dd, is barred by Virginia’s statutory cap on medical malpractice damages from recovering for her ...

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Criminal – Traffic Offenses – Involuntary Manslaughter – DUI (access required)

A bicyclist who was crossing a street when he was struck and fatally injured by defendant’s car, which accelerated quickly at a light change, was not an “independent, intervening cause” of the accident, and defendant’s conviction of involuntary manslaughter under ...

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Domestic Relations – Adoption – Fraud – Motion To Set Aside (access required)

The brother and guardian of an elderly Virginia Beach man cannot set aside the man’s adoption of another person more than six months after the adoption became final, despite the guardian’s claim that the adoption was procured by fraud and ...

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Search & Seizure (access required)

Delay In Executing Warrant Police were justified in entering defendant’s home to secure the premises two and one-half hours after an officer had been advised that drugs were present on the premises and four or five days after the officer ...

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