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Tag Archives: Virginia Circuit Courts

Miranda Warnings Owed in Hospital Detention (access required)

Although defendant was in a hospital psychiatric unit on a civil detention order, he was under police guard and in custody when police questioned him about his wife’s injuries and hospitalization without giving him Miranda warnings, and the Dinwiddie County ...

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Officer Indicted for Murder Can Exclude Evidence (access required)

In this prosecution of a Portsmouth police officer for first-degree murder of a suspect­ed shoplifter, the Portsmouth Circuit Court says the commonwealth must provide de­fendant with the date, time and location of the offense for which he is charged and ...

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Court Rejects ‘Criminal Act’ Policy Exclusion (access required)

In a disabled adult’s suit seeking damages for second-degree burns she suffered in 2011 while in the care of de­fendant home health agency’s employee/ independent contractor, the Norfolk Cir­cuit Court denies summary judgment to defendant insurance company based on its ...

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Email Satisfies ‘Written Demand’ to Corporation (access required)

An email sent by an executor of the es­tate of the 70-percent owner of a Virginia Beach mini-golf course to the 30-percent owner and president proposing a resolu­tion of their dispute satisfied the stat­utory requirements for a valid written demand ...

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A ‘truly unique’ case: Contrib allowed in med-mal lawsuit (access required)

Emergency Hospital Paramedics FEA

A patient’s own behavior – allegedly misleading a doctor about his medication history – can be used to defeat a medical malpractice claim, a Virginia judge has ruled. Even though the Supreme Court of Virginia has rejected theories of contributory ...

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Med-Mal Plaintiff Sues for Negligent Credentialing (access required)

A Lynchburg Circuit Court says a plaintiff suing for medical malpractice by defendant physician also has stated a claim for negligent credentialing and privileging with allegations that he reasonably relied on defendant’s credentialing process and that such reliance caused him ...

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