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Opinion Digests

Medical Malpractice – Discovery – Privileged Complaints To Medical Board – Improper Touching During Exam (access required)

Where plaintiff is suing defendant physician for alleged improper touching and fondling during an examination on a complaint of sore throat, the defendant physician and insurance company must produce information on similar complaints made by other female patients to the ...

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Civil Practice – Void Default Judgment – Partnership Accounting (access required)

Although plaintiff obtained a default judgment against defendant, that judgment must be set aside because plaintiff’s motion for judgment failed to allege that there has been a final accounting of the partnership in question. In general, a default judgment is ...

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Contract – Oral Contract – Defendant's Letter To Contractor (access required)

Although defendant sent plaintiff contractor a letter stating she “would like to settle” but that her budget would not allow “payments of 10 percent on $16,000 at $135 per month” and offering $8,000 instead, the trial court finds that the ...

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Domestic Relations – Support – Husband's Income – Expenses Of Medical Practice (access required)

Although husband, a cardiologist, contends that certain practice-related expenses, such as hiring new doctors, opening and relocating offices, and changes in Medicare reimbursement will lower his income by one-third, the divorce court declines to take these factors into consideration in ...

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Partnership – Certificate Of Cancellation – Attorneys – Motion To Disqualify (access required)

Although a general partner in the limited partnership filed a certificate of cancellation, filing of the certificate does not mean that the limited partnership has been liquidated or the general partner precluded from representing the partnership in a suit; the ...

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Civil Practice – Insurance – Recovery Of Unpaid Premiums – Burden Of Production (access required)

Where defendant construction businesses and plaintiff insurance company were parties to several “retention agreements” that made the businesses’ insurance premiums contingent on their actual losses and the insurance company now claims that additional premiums are due because actual losses exceeded ...

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Domestic Relations – Child Custody & Visitation – Cult Contact (access required)

Although the mother alleges the court should grant custody of the parties’ two youngest children to her because the father has withheld visitation, in that the father recently conditioned visitation on the absence of the mother’s then-boyfriend, who now is ...

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Domestic Relations – UCCJA – Transfer To Children's Home State (access required)

Although the Virginia circuit court had jurisdiction to award custody of the parties’ two sons to the mother in 1991, when the parties divorced, the mother voluntarily relinquished physical custody to the father in 1990 and the boys have resided ...

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Civil Rights – Excessive Force – Beatings From Officers – Res Judicata (access required)

Where the issue of whether plaintiff in this civil rights suit suffered a beating at the hands of defendant law enforcement officials was litigated during the suppression hearing at plaintiff’s trial for shooting an off-duty officer who caught plaintiff in ...

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