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Ruptured artery led to amputation of woman’s leg – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: May 14, 2012
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This case arose after the plaintiff fell while walking down a sidewalk. EMS was called and plaintiff was taken to the hospital. Both the EMS provider and the treating emergency physician noted a normal neurovascular exam and bilateral pulses in the patient’s feet. The plaintiff was diagnosed with a knee sprain, placed in an immobilizer [...]

Doctor’s License Suspension Upheld (access required)

By Deborah Elkins
Published: April 13, 2012
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A Norfolk Circuit Court upholds the Virginia Board of Medicine’s decision to indefinitely suspend petitioner’s license to practice medicine. The relatively straightforward issues presented here do not require a detailed discussion of the factual and legal questions of the case vis-a-vis the application standard of review under Va. Code § 2.2-4027. The court makes the [...]

Senate holds judicial interviews (access required)

By Deborah Elkins
Published: January 23, 2012
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There was nary a whisper about Hernandez at Friday’s judicial interviews conducted by the Senate Courts of Justice Committee. Even though committee control switched this year from Democrats to Republicans, the Senate followed the same practice as last year’s courts committee and declined to question sitting judges about whether they deferred dispositions in criminal cases [...]

No Injunctions for Waterside Bars (access required)

By Deborah Elkins
Published: January 11, 2012
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In these consolidated cases that pit two entertainment businesses in Waterside Festival Marketplace against Norfolk City Council, the Norfolk Circuit Court says the city is entitled to injunctions to prevent the two businesses from operating as “Entertainment Establishments” and serving on-premises alcoholic beverages. The parties contest numerous issues respecting whether Norfolk 102 LLC and Norfolk [...]

‘Job Hazard Analysis’ Expert Excluded (access required)

By Deborah Elkins
Published: January 11, 2012
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In an injured seaman’s suit against the owner of a commercial fishing vessel, a Gloucester County Circuit Court excludes plaintiff’s expert because defendant had no duty under maritime law to perform a “job hazard analysis” on vessel-to-vessel ingress and egress, but plaintiff can pursue his negligence claim. The court must consider, as a question of [...]

Jury finds for defense on maritime injuries claim – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: January 2, 2012
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Plaintiff sued under maritime law for injuries to his back, knee and shoulder allegedly sustained while working as a commercial fisherman for the defendant. Plaintiff claimed that defendant failed to provide a proper ladder to use, failed to train the plaintiff, violated various OSHA standards, including the “general duty clause,” and failed to conduct a [...]

House panel quizzes judges on Hernandez (access required)

By Deborah Elkins
Published: December 14, 2011
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Several judges seeking reelection by the 2012 General Assembly have run into trouble over criminal disposition issues raised during interviews Dec. 9 before a panel of the House Courts of Justice Committee. Committee members alerted incumbent judges last April to be prepared to discuss their reliance on the Virginia Supreme Court’s January decision in Hernandez [...]

Judicial study group: Use chief judges to balance regional caseloads (access required)

By Peter Vieth
Published: September 16, 2011
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Virginia’s existing court districts and circuits are so intertwined with other government services that they should not be changed, at least for now. That’s the conclusion of a court-appointed study panel after a fast but intense study of Virginia’s judicial map, members report. But the Judicial Boundary Realignment Study Committee will suggest a way to [...]

‘John Doe’ vehicle, prior injury complicate case – $150,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: July 25, 2011
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The plaintiff sustained injuries when a John Doe vehicle, traveling next to her vehicle, changed lanes and cut her off. Plaintiff’s vehicle struck the curb, causing both tires on the passenger side of her vehicle to blow out. The John Doe driver then left the scene. There was no impact between the two vehicles, nor [...]

Drive time factors into redrawing boundaries (access required)

By Deborah Elkins
Published: July 15, 2011
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Worries about windshield time for judges assigned to duty beyond a home court surfaced at last night’s Hampton Roads hearing on judicial redistricting proposals. The July 14 hearing in Portsmouth was the fourth in a series of six public hearings scheduled by the Virginia Supreme Court’s Judicial Boundary Realignment Study Committee. Drive time is a [...]

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