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Entries Tagged as 'Damages'

Judge urges settlement in JMU default case

August 5th, 2010 · Comments Off · Civil procedure, Damages

The judge hearing a claim by a New York college that James Madison University unfairly raided basketball recruits when JMU lured its head coach has urged the two sides to settle, according to a spokesman for the New York school.
Tim Massie of Marist College said Judge Charles D. Wood “encouraged both sides to enter into [...]

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Hospital lawyers claim they were ’sandbagged’

July 14th, 2010 · Comments Off · Civil procedure, Damages

Lawyers for Salem’s Lewis-Gale Medical Center hope to persuade the Supreme Court of Virginia they were unfairly surprised by a judge’s last-minute decision to allow emotional distress damages in a lawsuit filed by a former emergency physician. The doctor won a $900,000 verdict claiming the hospital got her fired from her medical practice group for [...]

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Supreme Court to hear appeal of suit refiled with damage increase

April 7th, 2010 · Comments Off · Damages, personal injury

The Supreme Court of Virginia has agreed to hear an appeal of a Loudoun County case that prompted personal injury lawyers to square off on the issue of asking for more damages when refiling after a nonsuit.
On April 1, the high court granted a writ in the Loudoun County case, Spear v. Metropolitan Washington Airports [...]

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$900,000 is verdict for fired doctor

September 11th, 2009 · 2 Comments · Damages

A doctor who claimed a hospital undermined her career by prodding her practice group to fire her won a $900,000 verdict from a Roanoke jury today, according to the doctor’s attorney.
Emergency room doctor Karen Alldredge sued Lewis-Gale Medical Center for alleged tortious interference with contract.  Evidence showed a hospital administrator referred to Alldredge as an [...]

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Hospital limits exposure in tortious interference claim

September 10th, 2009 · Comments Off · Damages

An outspoken emergency room doctor who was fired from her practice group last year has lost a chance for substantial damages from the Salem hospital she claimed subverted her career.
Karen Alldredge encouraged nurses who sought better working conditions at Lewis-Gale Medical Center.  Hospital administrators called her an “organizational terrorist” and made their displeasure known to [...]

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‘Fear-of-cancer’ claim requires instructions, Court says

June 2nd, 2009 · Comments Off · Damages

The U.S. Supreme Court says a jury needs court guidance when asked to award pain-and-suffering damages for a FELA plaintiff worried about getting cancer from asbestos exposure.
The Court, in a 7-to-2 decision, remanded a Tennessee case where the judge had rejected instructions that would have required the plaintiff, who suffered from asbestosis, to show that [...]

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Former firefighter admits burning landmark tower

January 21st, 2009 · Comments Off · Criminal Law, Damages, Southwest Virginia

A Wise County man pleaded guilty yesterday to burning down the High Knob observation tower.
According to the Bristol Herald-Courier, Nicholas Owens, age 23, was a volunteer firefighter when he and co-defendant Christopher Hyatt set the fires on Halloween of 2007.
The tower, which stood at an elevation of 4,162 feet, overlooked five states and was a [...]

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Jury allowed to consider both death and survival claims

January 16th, 2009 · Comments Off · Damages, personal injury

The plaintiffs’ bar is the winner today in a case where the defense sought to force a plaintiff to elect between a personal injury claim and a wrongful death claim for the estate of a man who died after acquiring an infection at the defendant hospital.
Because Virginia law allows only one recovery for an injury, [...]

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Damages: First see the jury, then apply the cap

June 8th, 2007 · Comments Off · Damages, Virginia Tort Claims Act, personal injury

Personal injury defendants enjoy the protection of certain caps on damages in Virginia. At times, defendants have been able to invoke that protection sooner, rather than later, by getting trial courts to reduce ad damnum clauses to cap levels before a case ever goes to the jury.
But the Supreme Court of Virginia today rejected one [...]

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Missing painting nets minimal damages in Fairfax

May 29th, 2007 · Comments Off · Damages, Fairfax, Valuation

It looks so easy when they do it on Antiques Roadshow.
Experts on the popular public television series who examine stuff brought down from the attic appear to take their cues from certain elements of a painting or an objet d’art, and then fill in the blanks to come up with an estimated value.
But unfortunately for [...]

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