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Personal Injury

No Removal After ‘Bad Faith’ Delay (access required)

Defendants in this products liability case say plaintiff’s foot-dragging was “strategic gamesmanship” that kept them from removing the case to federal court, but the Richmond U.S. District Court says defendants had the means to uncover fraudulent joinder of non-diverse defendants, ...

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Comment ‘Published’ to Personnel File (access required)

A nurse may sue her employer for defamation based on another employee’s allegations that plaintiff nurse made derogatory comments about a number of patients, and for “publication” of additional allegations of unprofessional conduct to plaintiff’s personnel file; the Norfolk U.S. ...

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‘Learned Intermediary’ Defense Wins Drug Case (access required)

A drug manufacturer wins summary judgment in this failure to warn suit filed by the estate of a man who committed suicide after treatment with Lexapro, an SSRI antidepressant drug; both of decedent’s treating psychiatrists were independently aware of a ...

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Hospital Ordered to Provide Discovery (access required)

After two hearings on a hospital’s claims of privilege, a Newport News Circuit Court orders the hospital to provide patient’s counsel all internal “factual investigation, witness interview notes and correspondence” authored by the hospital and not counsel, responsive to patient’s ...

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Court Orders Discovery of Risk Management Reports (access required)

A Newport News Circuit Court orders defendant hospital to produce to a patient certain risk management records and audit trail records, and also orders the patient not to disseminate her own medical records outside of the litigation. The court denies ...

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