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Opinion Digests

Medical Malpractice – Dental Surgery – Accrual Date – Continuing Treatment Rule – Breach Of Contract (access required)

Although the dental surgeon’s 1991 office notes indicated plaintiff patient was to return for additional dental work after she completed her therapy for temporomandibular joint dysfunction, plaintiff never attempted to see the defendant surgeon again after she left the office ...

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Criminal – Habeas Corpus – Ineffective Assistance – Conflict Of Interest (access required)

Although the petitioner received constitutionally ineffective assistance of counsel, in that his trial counsel also represented the petitioner’s former girlfriend on an assault charge during the same period in which she testified for the commonwealth at petitioner’s trial, the district ...

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Criminal – Ineffective Assistance – Misadvice On Plea Negotiations – Deportation – Coram Nobis (access required)

Although the Cuban native’s lawyer mistakenly advised him that when he pled guilty to drug trafficking, he would receive a judicial recommendation against deportation and therefore would not be deported, the lawyer’s mistaken advice does not require the court to ...

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Workers' Comp – Due Process – Pre-Termination Hearing – Case Or Controversy (access required)

A workers’ comp claimant may not sue the Virginia Workers’ Compensation Commission for suspending claimant’s benefits prior to a hearing on the employer’s claims that the claimant failed to attend a work-hardening program and failed to accept selective employment. Because ...

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Negligence – Auto Accident – Later Medical Malpractice (access required)

The plaintiff may not join in a single negligence action her claim against a driver for injuries suffered in an automobile accident and her related claim for medical malpractice by the physician who treated her for the auto-accident injuries. Manifestly, ...

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Property – Constitutional – Eminent Domain – Strike Of Black Commissioners – Batson Claim (access required)

The Department of Transportation in this eminent domain proceeding may raise a Batson claim against a landowner who used peremptory strikes to remove the only two black commissioners from the panel of nine charged with hearing the landowner’s claim of ...

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Schools – Published Orders — Grievance – Timely Appeal (access required)

A school employee’s appeal of a school board’s determination that her grievance was “nongrievable” is untimely because the school board did not receive the notice of appeal within 10 days after the date of decision, as required by Va. Code ...

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Workers' Comp – Marketing Residual Work Capacity – Good-faith Effort (access required)

Claimant, a mechanic’s helper who injured his lower back, made a good-faith effort to market his remaining work capacity by registering with the Virginia Employment Commission and applying for jobs with six employers between November and December 1993. In light ...

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