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Personal Injury

Negligence claims in sewage case go forward (access required)

Defendant’s demurrers to plaintiff’s claims for negligence per se and negligence, arising from defendant’s alleged failure to keep a mobile home park’s septic system in good working order, are overruled. A demurrer to plaintiff’s contract-based claim to keep the septic ...

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No parental rights interference claim (access required)

The circuit court properly granted defendants’ demurrers to plaintiff’s claim against them for the tort of interference with parental rights. Further, plaintiff’s defamation claim against one defendant is dismissed because the complained-of statements are not actionable. Facts Michael Wilson and ...

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Commonwealth’s attorney not immune from defamation claim (access required)

A commonwealth’s attorney can be sued for defamation because the complained-of statements, his explanation of why he fired a long-time employee shortly after he took office, are not covered by absolute quasi-judicial immunity. Background Baker, the appellee in this case, ...

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Rider not within scope of employment at time of bike accident (access required)

The exclusivity provision in the Virginia Workers’ Compensation Act did not apply to a bicycle rider struck by a vehicle while riding to work on the Virginia Tech campus because the injury did not arise out of the course of ...

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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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