A jury can decide whether one doctor defamed another in a clash over treatment of a patient who died after being struck by a tractor-trailer, the Supreme Court of Virginia said on Oct. 31. Dr. Bradley J. Cashion, an anesthesiologist, ...Read More »
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A physician who won a $395,428 judgment in his contract action against the medical practice and defendant physician who formerly employed him, and who also sued to collect on the judgment, is not barred by res judicata from suing the ...Read More »
An employer did not waive its affirmative defenses to a federal Equal Pay Act claim by not pleading them in its answer denying violation of the EPA, and the Supreme Court of Virginia reverses a trial court’s award of damages, ...Read More »
A law firm gets to keep $130,000 in attorney’s fees after a sale of real estate as part of a disputed estate case; the Supreme Court of Virginia says the circuit court had jurisdiction to distribute the fee as part ...Read More »
A trial court did not have jurisdiction to consider this action filed by the operator of the Poker Palace to declare that Texas Hold ‘Em Poker is not illegal gambling under Va. Code § 18.2-325, and the Supreme Court of ...Read More »
Suits filed by plaintiffs, a group of Fitness Clubs, to challenge actions by a city council and a county board of supervisors to lease public property to a YMCA and to enter into a use agreement with a capital contribution ...Read More »
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 ...
Tagged with: Alexandria Circuit Court Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia News Wills & TrustsRead More »
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 ...
Tagged with: Employment Federal Courts Judge James C. Turk Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia NewsRead More »
Reversing the Court of Appeals, the Supreme Court of Virginia holds that multiple sentences for firearm use or display in commission of a felony, imposed pursuant to Va. Code § 18.2-53.1, may be run concurrently. Defendant contends neither the language ...Read More »
A policyholder who sought homeowners’ insurance coverage for damages allegedly caused by drywall manufactured in China loses his suit in the Supreme Court of Virginia, as the court construes four exclusions, including “defective materials” and “pollutants” exclusions, to preclude coverage. ...Read More »