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Prostate cancer treatment had painful side effects – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: May 6, 2013
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Plaintiff, age 69 at the time of trial, was diagnosed with prostate cancer in December 2007. He consulted with his urologist and then the defendant radiation oncologist about his treatment options. On May 1, 2008, plaintiff underwent prostate brachytherapy with defendant. The procedure involved inserting needles into the prostate gland and depositing 119 radioactive Iodine [...]

E-filing market open with new app (access required)

By Peter Vieth
Published: April 24, 2013
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After years of delay and planning, a Virginia Supreme Court-designed electronic filing system is finally rolling out this month, as other courts cautiously dip toes in the water by using private vendors to provide the interface between the courthouse and users. The court’s launch of its own e-filing system puts the court in competition with [...]

Metal truss fell over during “fun run” event, crushing child’s foot – $11,575,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: December 10, 2012
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Plaintiff, an active 6-year-old girl, completed the CNN Healthy Kids Fun Run held Oct. 30, 2010, on the grounds of the Pentagon. According to court filings, the race was sponsored by Cable News Network, Inc. (“CNN”) and marketed and implemented by Civic Entertainment Group (“CEG”). After the plaintiff won her female age division race, a [...]

Surgeon cut wrong duct during gallbladder surgery – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: November 26, 2012
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On Feb. 5, 2009, the 26-year-old plaintiff was admitted to the hospital after a series of gallbladder attacks. Pre-operative imaging disclosed that the plaintiff had a common bile duct that was 2.9 mm in diameter, but her biliary anatomy was otherwise normal in caliber and configuration. The plaintiff underwent a laparoscopic cholecystectomy, or gallbladder removal, [...]

Woman loses leg after post-operational rehab – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: July 30, 2012
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Plaintiff, age 72, underwent a right total ankle replacement (TAA) and Achilles tendon lengthening at Georgetown University on Nov. 6, 2006. She has a 30-year history of rheumatoid arthritis, three coronary artery bypass grafts and eight prior joint replacement surgeries. Her ankle replacement surgery was uneventful. No arteriogram was done pre-operatively. Four days after the [...]

Arlington needs judges (access required)

By Peter Vieth
Published: March 26, 2012
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Lawyers and county officials in Arlington are pleading for an extra circuit court judge from the General Assembly, where money for judgeships remains tied up in a political showdown. Arlington has four authorized circuit judgeships, but is making do with only two. Even if the Assembly approves current budget proposals from the House and Senate, [...]

Denial of Variance Upheld (access required)

By Deborah Elkins
Published: December 13, 2011
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An owner who used his property for sale and repair of batteries loses his appeal of a denial of his request for a variance to operate a taxi detailing business, in this case from Arlington County Circuit Court. These two consolidated cases concern a single property located at 1120 N. Jackson in Arlington County. The [...]

Prepaid rents for foreclosed property litigated – $29,219 Verdict (access required)

By Virginia Lawyers Weekly
Published: November 14, 2011
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The case arose out of the foreclosure of the Palatine building in Arlington. William Casterline was the foreclosure trustee. MR Troy Street Holdings LLC was the former owner of the building. 1301 N. Troy LLC purchased the building at a foreclosure sale for $90 million. After the sale, the purchaser claimed that it was entitled [...]

Using tablet computers in the courtroom (access required)

By Peter Vieth
Published: November 7, 2011
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Like iPad evangelists, two lawyers from opposite ends of Virginia are extolling the virtues of Apple’s tablet computer as a reliable and efficient tool for courtroom lawyers. Both Wise County Commonwealth’s Attorney Ronald K. Elkins and civil trial lawyer John D. McGavin of Fairfax regularly use the iPad to manage and display documents in court. [...]

Judge scorches mom, gives custody to dad (access required)

By Peter Vieth
Published: September 23, 2011
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An Arlington circuit judge has delivered a resounding repudiation of a mother’s efforts to keep custody of her daughter by making false accusations about the father. In a scorching opinion, Judge Benjamin N.A. Kendrick not only concluded the mother carried on an active campaign to alienate the girl from the father, he even suggested the [...]

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