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Author Archives: Virginia Lawyers Weekly

Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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Sufficient Evidence – Admissibility of Evidence – Child’s Best Interest (access required)

Gay v. Virginia Beach Dep’t of Human Services (VLW No. 017-7-241-UP, 11pp.) (Huff, C.J.) Record No. 0887-17-31 Appeal from the Circuit Court of the City of Virginia Beach (Shockley, J.) Holding: Where the appellant-mother over three years failed to find ...

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Woman struck by machinery killed – $2.5 Million Settlement (access required)

While seated in a chair, the decedent was struck in the torso and killed by an inadequately secured and maintained piece of equipment owned by the defendant. The defendant company would have denied any liability, asserted contributory negligence and claimed ...

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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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