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Tag Archives: Judge Clifford R. Weckstein

Property Owners’ Claim Preempted (access required)

As the Surface Transportation Board previously determined that claims raised by the current plaintiffs and other property owners near a railroad line operated by defendant Norfolk Southern Railway Company are federally preempted, the Roanoke City Circuit Court incorporates the prior ...

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No Habeas Relief for Double Jeopardy Claim (access required)

A Roanoke City Circuit Court dismisses this petition for a writ of habeas corpus alleging claims of ineffective assistance of counsel related to petitioner’s pleas of nolo contendere to felonious child abuse and neglect and second degree felony murder. Petitioner ...

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Carpenter’s ‘Inattention’ Not ‘Misconduct’ (access required)

Although a carpenter had multiple documented instances of inattentiveness and failure to follow instructions, his negligence did not constitute “misconduct” that would bar him from receiving unemployment compensation under Va. Code § 60.2-618, and the Roanoke City Circuit Court affirms ...

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Trial lawyers learn from experts, judges (access required)

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HOT SPRINGS – Virginia plaintiffs’ lawyers witnessed stark contrasts in courtroom styles as successful trial attorneys showcased their craft during the annual gathering of the Virginia Trial Lawyers Association at The Homestead last month. New Jersey lawyer Tom Vesper donned ...

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Tip Lacked Detail for ‘Reasonable Suspicion’ (access required)

A police officer did not have reasonable suspicion to block defendant’s car in the parking lot of a convenience store after receiving a tip about a drunken driver and the Roanoke City Circuit Court grants defendant’s motion to suppress. No ...

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Neighbors Say Rail Line Is ‘Public Nuisance’ (access required)

In plaintiff property owners’ suit alleging defendant railroad’s operation of a rail line is a “public nuisance” and asserting a claim for just compensation, the Roanoke City Circuit Court overrules defendant’s demurrers which are accompanied by materials that assert additional ...

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Diagnosis of gastric band slippage at issue in med-mal action – Defense Verdict (access required)

On Nov. 18, 2008, the patient presented to the emergency room at Lewis Gale Hospital in Salem with complaints of sudden vomiting, chest pains and abdominal pains after eating a piece of banana. She was an obese patient who had ...

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Sketch Decree Inconsistent with Post-Nup (access required)

A Roanoke County Circuit Court declines to enter a proposed divorce decree that is inconsistent with the parties’ post-nuptial agreement, with regard to child support. The proposed decree says the parties understand that support of the infant child is a ...

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