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Author Archives: Nick Hurston

Company liable for tainted eyewash

The 4th U.S. Circuit Court of Appeals has affirmed a products liability and warranty judgment obtained by a non-profit eye bank against two suppliers of eyewash that was later revealed to be contaminated, rendering any recovered tissue unusable. The district ...

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‘Goods or Chattels’: Divorced couple’s frozen embryos can be partitioned

A Virginia circuit court vacated its order that a divorced couple couldn’t partition their frozen embryos under Code § 8.01-93, analyzing more than 100 years of statutory history to reach its conclusion. The couple’s separation agreement didn’t determine what to ...

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‘Nondelegable’: Wife won’t face housing bias claims alone

A husband’s attempt to foist upon his wife any potential liability for alleged violations of state and federal housing discrimination laws at a property they co-own was thwarted in federal court. After learning that a tenant couple was expecting a ...

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Race bias suit against school board proceeds

An assistant principal’s hostile workplace, constructive discharge and retaliation claims have survived dismissal in federal court after a county school board ignored the racial discrimination she allegedly experienced in the wake of the board’s implementation of an anti-racism policy. The ...

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‘Valid and enforceable’: Prenup corroborated testimony under Dead Man’s Statute

A circuit court upheld the validity of a premarital agreement after ruling that the document could corroborate an adverse party’s testimony under Virginia’s “Dead Man’s Statute.” After her husband died of COVID-19 while intestate, the plaintiff challenged the validity of ...

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