January 11, 2022
Comments Off on 021-3-550 – Faber v. Mountain States Physician Group Inc.
Faber v. Mountain States Physician Group Inc., Case No. 1:20-cv-00045, Dec. 27, 2021. WDVA at Abingd....
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January 11, 2022
Comments Off on Doctor’s termination was not retaliation
Where a doctor alleged that he was terminated days after he complained about allegedly being pressur....
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January 11, 2022
Comments Off on Court refuses to limit defense evidence
Although the government was concerned that defendants charged with fraud in connection with the rece....
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January 11, 2022
Comments Off on 021-3-554 – United States v. Tackett
United States v. Tackett, Case No. 1:21-cr-24, Dec. 28, 2021. WDVA at Abingdon (Jones). VLW 021-3-55....
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January 11, 2022
Comments Off on Jury to decide if sheriffs liable for excessive force and battery
Where a video showed deputy sheriffs removing the plaintiff from a vehicle with such force that he w....
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January 11, 2022
Comments Off on 021-3-555 – Withers v. Green
Withers v. Green, Case No. 6:20-cv-65, Dec. 29, 2021. WDVA at Lynchburg (Ballou). VLW 021-3-555. 9 p....
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January 11, 2022
Comments Off on Easement owners necessary parties in boundary dispute
Where the owners of an easement over a riparian area were not made parties to litigation involving t....
Read More »Garner, et al. v. Joseph, et al., Record No. 201362 (McCullough) Dec. 16, 2021. From the Circuit Cou....
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January 11, 2022
Comments Off on Sentencing challenge not raised in trial court
Where appellant did not argue in the trial court that a statute barred the admission of certain test....
Read More »Jones v. Commonwealth, Record No. 201254 (Unpublished Order) Dec. 16, 2021. Upon an appeal from a ju....
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January 11, 2022
Comments Off on Challenge to mistrial ruling not preserved for appeal
Where a judge had a mistrial declared on his behalf after he was physically unable to continue presi....
Read More »Commonwealth v. Minitee, Record No. 210031 (Unpublished Order) Dec. 16, 2021. Upon an appeal from a ....
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January 11, 2022
Comments Off on Sovereign immunity bars firearm purchase challenge
Sovereign immunity bars appellant’s suit to enjoin the Virginia Department of State Police from de....
Read More »Gobble v. Virginia Dep’t of State Police, Record No. 201503 (Unpublished Order) Dec. 16, 2021. Upo....
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January 11, 2022
Comments Off on Procedural error prevents excluded evidence appeal
Where a shipyard sought to admit evidence on damages arising from a proposed easement through its pr....
Read More »Colonna’s Shipyard v. Virginia Natural Gas, Record No. 200949 (Unpublished Order) Dec. 9, 2021. Up....
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January 11, 2022
Comments Off on Balancing test adopted to award viable pre-embryo
Where, as part of the equitable distribution, the trial court awarded a preserved pre-embryo to wife....
Read More »Jessee v. Jessee, Record No. 0349-21-2, Dec. 14, 2021. CAV (Decker) From the Albemarle County Circui....
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January 11, 2022
Comments Off on Corporal punishment of child was excessive
There was sufficient evidence that appellant’s corporal punishment of his child “exceeded the bo....
Read More »Eberhardt v. Commonwealth, Record No. 0028-21-2, Dec. 14, 2021. CAV (Decker) From the Dinwiddie Coun....
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