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Tag Archives: Justice Elizabeth A. McClanahan

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Failure-to-warn rule tightened in van case (access required)

A change of heart by a single justice has brought an end to a short-lived “relaxed” standard for failure-to-warn claims under Virginia products liability law. After rehearing a products liability case, Virginia Supreme Court Justice LeRoy F. Millette Jr. switched ...

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High court reinstates full verdict in ‘Lester’ (access required)

The Supreme Court of Virginia has reinstated the full jury verdict of $6,227,000 on Isaiah Lester’s wrongful death claim based on the loss of his wife in a car accident in 2007. The court’s ruling closes the book on a ...

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Getting to the jury on ‘capacity’ for will (access required)

Call it a finger on the scale of justice. The law sometimes gives an advantage to one side in a lawsuit, allowing a legal “presumption” about some key fact in the case. Presumptions can be overcome, but how much weight ...

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‘A new standard of liability’ in Virginia? (access required)

The Supreme Court of Virginia has opened the door to claims against individual supervisors who take part in the unlawful firing of an employee. The Nov. 1 decision in VanBuren v. Grubb (VLW 012-6-143), decided 4-3, is a victory for ...

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Van-fire plaintiff can cite other fires (access required)

A Waynesboro family can use evidence of other fires in Ford Windstar minivans to sue Ford Motor Company for the wrongful death of their three-year-old daughter after their minivan caught fire in their driveway. Earlier, an Albemarle County Circuit Court ...

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New zoning cases ‘reconcilable,’ land use lawyer says (access required)

The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted. In its unpublished order in Town of Occoquan v. Elm Street ...

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