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Personal Injury

Court will not seal infant settlement terms (access required)

Where the parties in this medical malpractice case, a minor, his mother and several defendants, made a pretrial settlement of plaintiffs’ claims, the court will not seal the settlement terms. Although the wrongful death statute requires settlement terms to be ...

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Some statements actionable as defamation by implication (access required)

Where plaintiff, John C. Depp, claims defendant, Amber Heard, defamed him in a Washington Post op-ed, three of the four complained-of statements are actionable under a defamation by implication theory. Background Plaintiff’s defamation claim arises from four statements in an ...

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Nonsuit filing after dismissal hearing rejected (access required)

Where plaintiff filed a nonsuit motion after a hearing on defendant’s motion to dismiss, the nonsuit motion is denied because the case had been submitted to the court for a decision. Background Plaintiff alleged that defendant Norfolk Southern Railway caused, ...

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Biopsy slide photos not discoverable (access required)

Where defendant doctor’s counsel in this medical malpractice case directed her to photograph plaintiff’s biopsy slides, the photos are attorney work product. Plaintiff alleges that defendants misdiagnosed her with a specific cervical cancer, for which she received treatment. While deposing ...

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Multimillion dollar death verdict cannot be overturned (access required)

Although Overhead Door, in a case involving one of its workers injured on the job, challenged a wrongful death verdict, including attacks on jury instructions, evidentiary challenges and comments by the trial judge, it failed to demonstrate the company was ...

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Defamation claim fails as nonactionable, time-barred (access required)

Where a Russian-born British scholar sued media outlets alleging defamatory statements, the statements were made more than one year before her suit was filed so they were time-barred and could not be revived by republication or third parties’ electronic references. ...

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Va. Cir.: Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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