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Author Archives: Virginia Lawyers Weekly

Flagrant discovery violations support dismissal sanction (access required)

The failure of a nurse practitioner to produce thousands of email messages in her suits against a hospital, and her submission, after a day-long deposition, of a 54-page declaration that rendered her deposition useless, supported the district court’s decision to ...

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Government could make second search of cellphone (access required)

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

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Employee’s depression led to absences and tardiness (access required)

Where an employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of National Intelligence ...

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Plaintiff claimed use of soap caused necrosis – Defense Verdict (access required)

Plaintiff fell from a ladder at his home on Nov. 14, 2013; several hours later he discovered that a roofing nail had punctured his abdomen during his fall. He presented to the defendants’ urgent care facility for evaluation about two ...

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Pregnant woman hit driving over bridge – $100,000 Verdict (access required)

Plaintiff was driving over the Berkley Bridge toward Chesapeake when the defendant crossed multiple lanes of traffic and violently struck the plaintiff, forcing her car onto and almost over the jersey wall at the crest of the bridge. The plaintiff, ...

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Charlottesville is ahead of the curve on bail reform

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By Daniel Berti Capital News Service (AP) When someone is charged with a crime, prosecutors and judges want to make sure the defendant shows up for court. So they usually require the person to put up cash bail — money ...

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