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Opinion Digests

Court Upholds Virginia COPN Program (access required)

Virginia’s Certificate of Public Need program governing the establishment and expansion of certain medical facilities inside the commonwealth does not discriminate against appellant medical care facilities or unduly burden interstate commerce; the 4th Circuit upholds the COPN regulatory scheme. Virginia ...

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No ‘Fatal Variance’ in Murder-for-Hire Trial (access required)

A former bank executive and his administrative assistant/girlfriend lose their challenge to their convictions in a murder-for-hire plot targeting the executive’s wife, who he was divorcing; the 4th Circuit rejects appellants’ claims that the trial judge’s jury instructions created a ...

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Patient’s Rights Statute Supports Negligence Per Se (access required)

In a psychiatric patient’s suit alleging sexual assault by a hospital staff member, the Lynchburg Circuit Court overrules defendant hospital’s demurrers and holds that plaintiff has stated a claim under the Virginia Consumer Protection Act and a claim for negligence ...

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