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Opinion Digests

Civil Rights – Excessive Force – Keys Swung At Thumb – De Minimis Injury (access required)

Where plaintiff pretrial detainee alleged that defendant sergeant swung his keys at defendant as he was trying to light a cigarette, and the keys struck and injured plaintiff’s right thumb, for which he never received proper medical attention, we conclude ...

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Workers' Comp – Retaliatory Discharge – Jury Trial – Punitive Damages (access required)

Where plaintiff seeks punitive damages for and a jury trial of his claim for retaliatory discharge under section § 65.2-308 of the Virginia Workers’ Compensation Act, the court grants defendant’s motion to strike those two requests. Both parties agree that ...

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Medical Malpractice – Notice Of Claim – Amendment (access required)

Where plaintiff’s claim under the Virginia Medical Malpractice Act, Va. Code § § 8.01-581.1 et seq., was pending on July 1, 1993, the effective date of an amendment which eliminated tolling provisions under the act, that amendment applies to plaintiff’s ...

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Employment Discrimination – Age – University Tenure (access required)

Although the 61-year-old female assistant professor alleges that she did not receive tenure because of age discrimination, even assuming she has established a prima facie case, the university successfully rebutted her claim with evidence showing that the tenure denial and ...

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Criminal – Coram Nobis – Antitrust – Price-Fixing (access required)

Where defendant corporation, the former owner of a majority of stock of a soft-drink seller found guilty of conspiring to fix prices in violation of the Sherman Antitrust Act, 15 U.S.C. § 1, now seeks a writ of coram nobis ...

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Bankruptcy – Automatic Stay, Relief Granted – Default Judgment (access required)

Where a personal injury plaintiff seeks to enforce a default judgment against a predecessor of debtor ambulance service, the bankruptcy court grants relief from the automatic stay, but refuses to validate the plaintiff’s state court default judgment. Plaintiff first obtained ...

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Criminal Procedure – Voluntariness Of Confession – Photos Of Victim's Body (access required)

Although defendant, charged with capital murder and attempted forcible sodomy, contends that he did not receive Miranda warnings and did not waive his rights, the trial court did not err in concluding, under the totality of the circumstances, that defendant’s ...

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Insurance – UM – UIM – Stacking – Waiver (access required)

Where the father and son injured in a common auto accident had UIM coverage under separate policies as well as under a common household policy, the trial court did not err in “stacking” each of the three policies prior to ...

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Appeals – Procedural Bar – Rule 5:25 (access required)

Where defendants, a commercial lessee and six guarantors on the lease, filed a notice of appeal from an April 21, 1993 order in favor of the lessor in this case, on May 13, 1993, but the notice was dated May ...

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Criminal – Driving After HO Adjudication – Investigatory Stop – Expired License Plate (access required)

Where defendant’s vehicle initially was stopped because the officer observed that his license plate appeared to have expired, and a DMV check then revealed that defendant was an habitual offender, the original stop did not violate defendant’s Fourth Amendment rights. ...

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