Posted in Uncategorized on Oct 19th, 2012
A doctor can retry his claim that a drug treatment center violated his privacy rights by sharing his discharge summary with a prospective employer. The Supreme Court of Virginia reversed judgment for the center because the jury was unfairly prejudiced by hearsay evidence. Robert Bruce Evans, M.D., sued Diamond Healthcare of Williamsburg Inc., owner of [...]
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Posted in Uncategorized on Oct 19th, 2012
An ex-wife who, after her husband’s death, tried to take title to a boat and a trailer awarded to her husband during a divorce, has failed to overturn her conviction for grand larceny. In 2011, the Virginia Court of Appeals affirmed Susan A. Wilson’s convictions of grand larceny and unlawfully obtaining titles for the boat [...]
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Posted in Uncategorized on Sep 13th, 2012
Appellate arguments sometimes reduce to a couple of questions: How does this set of facts fit with prior precedent and how will the court’s decision affect future conduct? There have only been five published cases in which the Supreme Court of Virginia has considered sanctions against a sitting judge, according to Virginia Beach lawyer Kevin [...]
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Posted in Uncategorized on Jun 1st, 2012
The Supreme Court of Virginia is back in town June 4, hearing a docket that includes several cases from Fairfax, including: attorney’s fees in a collections case (Dewberry & Davis Inc. v. C3NS Inc.); a ; the right to nonsuit in state court after a voluntary dismissal in federal court (Inova Healthcare Servs. v. Kebaish, [...]
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Posted in Uncategorized on May 14th, 2012
Vineyard owners in Fauquier County can let the libations flow freely again, in the wake of a Virginia Supreme Court order that reinstated their win in a suit filed by a homeowners’ association. The high court said May 11 in Marterella v. Bellevue Landowners’ Council Inc. that a Fauquier County Circuit Court erred when it [...]
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An assistant principal hit with a $1.25 million negligence award after he failed to act on a warning about a fight at his high school now faces a new trial on a claim of gross negligence. In 2010, a Gloucester County Circuit Court awarded $5 million in damages to Gregory Joseph Gagnon in his suit [...]
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Posted in Uncategorized on Apr 16th, 2012
A real estate buyer who faced a seller’s suit for damages when he failed to close on the deal cannot sue the agent on the contract on a third-party claim alleging she also represented the buyer. Richard E. Peterson Jr. signed a contract to buy property. He said the sales contract that included his realtor’s [...]
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A fight over a contractor’s right to excavate on Montgomery County property is coming back from the Supreme Court of Virginia. The high court revived the contractor’s summary judgment win on claims for business conspiracy and malicious prosecution, and sent the case back for a trial on damages, including treble damages and attorney’s fees for [...]
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A customer who sued Best Buy after he tripped over the base of a shopping cart has lost his appeal in the Supreme Court of Virginia. Charles Stanley Hawvermale, age 79 at the time of the alleged injury, wanted a human factors engineering expert to testify that a person typically would focus on bright markings [...]
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A man whose wife died after outpatient plastic surgery can keep his $1.95 million jury award in a Virginia Beach medical malpractice case tried in 2010. Thirty-three hours after the surgery on her breasts and abdomen, the 36-year-old mother of four died from aspiration pneumonia. During deliberations, the jury asked the judge if it could [...]
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