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Author Archives: Virginia Lawyers Weekly

Delivery of second twin was delayed, resulting in brain damage – $1,526,500 Settlement (access required)

A 35-year-old woman sought out service of an infertility practice to assist in achieving a pregnancy. After several attempts, Mrs. Noe and her husband conceived and she was advised of a twin pregnancy. Following conception, she was referred to the ...

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Lemons, Wilkinson to receive awards from Virginia Holocaust Museum

Virginia Supreme Court Chief Justice Donald W. Lemons and 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III are being honored at a Rule of Law Day Awards luncheon sponsored by the Virginia Holocaust Museum and the Virginia ...

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Due Process – Equal Protection – No Fly List (access required)

Elhady v. Piehota (VLW No. 017-3-448, 20 pp.) (Trenga, J.) 1:16-cv-375; E.D.Va. Holding: Plaintiffs are 25 United States citizens, all Muslim, who claim they are included on the government’s terrorist watch list and contend that this status subjects them to ...

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Mortgages – Foreclosure – Quiet Title – Unfair Debt Collection Practices (access required)

Eggiman v. Ventures Trust 2013-I-H-R (VLW No. 017-3-449, 8 pp.)(Hilton, J.) 1:16-cv-01579; E.D. Va. Holding:  Where plaintiff property owner fails to allege that he had superior title through satisfaction of his loan obligations, he fails to state a quiet title ...

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Sovereign Immunity – Eleventh Amendment – Age Discrimination (access required)

Drewery v. Portsmouth City School Board (VLW No. 017-3-451, 14 pp.) (Smith, C.J.) 2:17-cv-20; E.D. Va. Holding:  For purposes of sovereign immunity, Virginia school boards act as independent local government agencies, not as arms of the state, and thus are ...

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Subject Matter Jurisdiction – Federal Question – Choice of Law – Contracts – Federal Land (access required)

Jaaat Technical Services LLC v. Tetra Tech Tesoro, Inc. (VLW No. 017-3-452, 22 pp.)(Lauck, J.) 3:15-cv-235; E.D.Va. Holding:  Because the parties’ choice-of-law clause, which provides that Virginia law applies to any contract disputes, is enforceable, Virginia law applies. As a ...

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Evidence – Motions to Quash – Confidentiality (access required)

U.S. v. Pomrenke (VLW No. 017-3-458, 4 pp.) (Sargent, M.J.) 1:17-cr-00023; W.D. Va. Holding:  In this motion to quash subpoenas for production and testimony issued by the United States in connection with a criminal proceeding, the interests of the Judicial ...

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