Virginia Lawyers Weekly VA Lawyers Weekly

Upon plaintiff’s motion for reconsideration of its earlier ruling awarding defendant lawyer summary judgment in plaintiff’s suit alleging legal malpractice and fraud in the handling of a wrongful death case, the court reconsiders the motion only to rule that plaintiff ...

Where plaintiff complains that his six-month tenure at the Portsmouth City Jail violated his constitutional rights because of overcrowding, excessive temperatures, lack of fresh air and opportunities for exercise, the court concludes that plaintiff’s conditions of confinement did not violate ...

Where, in this litigation arising from a train-auto accident, the district court refused to permit a bifurcated trial but allowed both the injured employee’s federal claim under the Federal Employers’ Liability Act and two claims under North Carolina law to ...

Where the Greenville-Spartanburg, N.C. Airport commission imposed a total ban on the placement of newspaper vending machines inside its airline terminal, and would only allow machines in one parking lot, this ban violated the First Amendment even though the airport ...

Where plaintiff’s decedent, who was arrested for armed robbery of a pizza store, was severely injured when a police dog bit him repeatedly and severely and an officer struck him repeatedly in the head with a slapjack, the trial court ...

Where the chapter 13 debtor is making installment payments on her trailer home under a “cram down” debt adjustment plan, in which the bank is receiving future installment payments equal in value to the securing property (the trailer) in lieu ...

Where the hospital sued Aetna, alleging that Aetna had unlawfully excluded plaintiff hospital from Aetna’s “preferred provider organization” and failed to comply with Va. Code § 38.2-3407, a Virginia statute regulating PPOs, the federal ERISA statute does not preempt the ...

Where plaintiff complains that the delay in his treatment when he presented, uninsured, at defendant’s emergency room with weakness and an inability to walk caused him permanent spinal cord damage, his claim under the Emergency Medical Treatment and Active Labor ...

Where the attorney, former in-house counsel for plaintiff corporation, has failed to prove that a reasonable attorney in his position would have found that the 4,300 copies of documents he took with him when he was terminated clearly establish fraud ...

Where debtor, in connection with an adversary proceeding, a civil rights suit under 42 U.S.C. § 1983, refused to produce certain witness statements on the basis of the work product privilege, the bankruptcy court erred in granting defendant’s motion to ...