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Opinion Digests

Medical Malpractice – Review Panel – Diversity (access required)

Where defendant in this medical malpractice action filed in federal court seeks appointment of a medical malpractice review panel under Va. Code § 8.01-581.1, the motion is denied because the Virginia Medical Malpractice Act does not expressly provide for a ...

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Bankruptcy – Debtor's Interest In Outlet Mall – Security For Loans – Lockbox For Rents – Injunctive Relief (access required)

Although debtor contends that the bank’s withdrawal of rents from a shopping mall from a lockbox controlled by the bank pursuant to a workout agreement undermined debtor’s efforts to reorganize, the district court concludes that the bankruptcy court did not ...

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Intellectual Property – Copyright – Unfair Competition – Useful Articles – Taxidermy Forms (access required)

Where plaintiff’s copyright infringement suit alleges that defendants, under guise of a false name, ordered plaintiff’s four taxidermy forms, removed plaintiff’s copyright notice, copied the forms and placed their own copyright notice on the copies, defendants are not entitled to ...

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Civil Rights – Voting Rights Act – Partisan Political Convention – Delegate Fees (access required)

Where plaintiffs challenge the Republican Party’s requirement that all person who wish to become a delegate to the party’s statewide convention to nominate a U.S. Senate candidate must pay a $45 non-refundable registration fee, the three-judge panel hearing this case ...

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Medical Malpractice – Proximate Cause – Cancer Diagnosis – Loss Of Chance – Pretrial ID Of Expert Witness (access required)

Although plaintiff informed the trial court during a summary judgment hearing that a particular physician would be her only expert witness on causation in this medical malpractice, case permitting a second physician to testify on causation was not error justifying ...

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Appeals – Consumer Protection – Final Order – State Corporation Commission – Experimental Plan (access required)

In this action filed by the Virginia Citizens Consumer Council, a telephone company, the Commonwealth’s Division of Consumer Council and others against another telephone company, the court grants the State Corporation Commission’s motion to dismiss. This court considers appeals from ...

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Civil Practice – Res Judicata – Damages For Unpaid Rent (access required)

Although the commercial landlord obtained a judgment against the tenant in the general district court for damages for rent due from November 1990 to February 1991, and expenses incurred by the landlord for restoration of the premises, that judgment does ...

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Criminal – Search & Seizure – Investigatory Traffic Stop – Broken Window Vent – Suspicion Of Stolen Vehicle (access required)

Although the police officer who stopped defendant’s vehicle testified that her considerable experience in recovery of stolen vehicles led her to suspect that defendant’s vehicle might have been stolen because of its broken or missing rear window vent on the ...

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Rehearing Granted (309003) (access required)

On March 24, 1994, the Virginia Court of Appeals granted a rehearing en banc in Robinson v. Commonwealth, VLW 094-7-003, Docket No. 1002-92-2. The original panel opinion, digested at 8 VLW 838, Jan. 17, 1994, held that the double jeopardy ...

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