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Personal Injury

Libel defendant enjoined from repeating defamatory statements (access required)

Although the Virginia Supreme Court and Fourth Circuit have never addressed whether a prevailing defamation plaintiff may obtain an injunction prohibiting a defendant from repeating defamatory speech, a man found to have made false and defamatory statements about the plaintiffs’ ...

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Case incorrectly dismissed after Kentucky settlement (access required)

Even though plaintiff settled wrongful death and personal injury claims against a medical defendant in Kentucky, that did not bar wrongful death and personal injury claims arising from the same injury against medical defendants in Virginia. Background Appellant Green is ...

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Conduct of jail’s health care provider belies indifference (access required)

Where a health care provider at the Hampton Roads Regional Jail provided medical treatment to the inmate, its conduct contradicted the inmate’s claims of deliberate indifference to his foot wound. In addition, because there was no underlying constitutional violation, there ...

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No duty to defend insureds in faulty construction lawsuits (access required)

Where lawsuits brought against the insureds alleging shoddy construction of townhouses were “replete” with allegations of intentional conduct, that conduct is neither an “occurrence” nor an “accident,” so the insurer’s duty-t0-defend was not triggered. Allegations of negligent conduct were unsupported by ...

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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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