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Opinion Digests

Medical Malpractice – Company Physician – Workers' Comp Bar – Damages Cap (access required)

Although the physician who allegedly failed to timely treat decedent’s heart disease symptoms was employed in a clinic operated by decedent’s employer, the estate’s medical malpractice action against the physician and the company is not barred by the Workers’ Compensation ...

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Workers' Comp – Workers' Comp Bar – Tort – Assault & Battery (access required)

Where plaintiff contends he was assaulted by his employer and a co-employee of the paving company in a dispute over payments for uniforms when plaintiff went to the company to pick up a workers’ compensation check, plaintiff’s assault and battery ...

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Workers' Comp – Comp Lien – Recovery From Tortfeasor (access required)

Where plaintiff was injured in two successive accidents which occurred during the scope of his employment, and he received $8,500 from his employer’s workers’ compensation carrier and also won a judgment of $21,900 against one of the tortfeasors, the workers’ ...

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Medical Malpractice – Suicide – Sound Mind (access required)

Although the administrator’s motion for judgment alleges that decedent, who committed suicide, was of unsound mind when she was discharged from defendants’ mental health center, the defendants’ demurrer to the negligence suit is sustained because the motion for judgment does ...

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Civil Practice – Discovery – Withdrawal Of Admission (access required)

Where in this auto accident case, defendant failed to timely respond, through counsel, to requests for admission filed by the insurance company because defendant’s lawyer believed that counsel for the insurance carrier to whom defendant’s subrogation rights had been assigned ...

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Civil Practice – Discovery – Attorney-Client Privilege – Crime-Fraud Exception (access required)

Although plaintiffs in this civil conspiracy suit under Va. Code § § 18.2-499 and -500 seek certain documents under the “crime-fraud” exception to the attorney-client privilege, the court’s in camera review of the documents in question indicates the communications at ...

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Criminal – Firearm Possession – Sentence Enhancement – Prior Violent Crime – Involuntary Manslaughter (access required)

In sentencing defendant under § 2K2.1(a)(2) of the federal sentencing guidelines for his conviction of possession of a firearm as a convicted felon, the district court did not err in regarding defendant’s prior conviction for involuntary manslaughter as a “crime ...

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Criminal – Sentencing – Career Offender (access required)

Where defendant received the burglary convictions used to classify him as a career offender after the conduct which gave rise to the instant drug possession charge, the district court erred in counting those convictions toward defendant’s status as a career ...

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