Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Personal Injury (page 10)

Personal Injury

No claim for ‘constructive fraud by omission’ (access required)

Where an ophthalmologist alleged defendants fraudulently guaranteed geographic exclusivity of a medical device, his suit was dismissed because there is no claim for “constructive fraud by omission” in Virginia. Fraud by omission requires that the nondisclosing party deliberately fails to ...

Read More »

‘Feres’ doctrine does not bar suit between service members (access required)

Where plaintiff, an active member of the U.S. Navy, sued defendant, also an active navy member, for injuries sustained in a car accident, defendant is not immune from suit under the Feres doctrine because plaintiff’s injuries were not “incurred incident ...

Read More »

Claims move forward in fraternity hazing case (access required)

Where a minor plaintiff claims defendant fraternity members required him to consume large amounts of alcohol if he wanted further consideration for membership, most of his claims survive defendants’ demurrers and pleas at bar. Party time Plaintiff alleges that he ...

Read More »

Medical opinion is hearsay in medmal case (access required)

Where defendants seek to admit a doctor’s note in plaintiff’s medical records without having him testify at a deposition or at trial, the portion of the note containing plaintiff’s medical history and his condition when he arrived at the hospital ...

Read More »