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Tag Archives: Chief Justice Donald W. Lemons

Claims struck by trial court remanded for damage award

The circuit court erred by striking plaintiff’s claims of excessive force, false arrest and illegal search against defendant police officer on the basis of sovereign and qualified immunity. Defendant did not challenge the jury’s findings that he was liable for ...

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Professional discipline is usable for impeachment

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Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

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Justices part ways on vicarious liability

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The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

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Jury must decide whether trespass claim was timely

Where plaintiff claims defendants’ underground sprinkler system damaged her property and that they have interfered with her easement rights, the timeliness of plaintiff ‘s trespass and nuisance claims are a jury issue. Further, the circuit court erred when interpreting the ...

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Assessments not entitled to presumption of correctness

A county’s tax assessments of appellant’s industrial property are not entitled to the presumption of correctness. One assessment was not based on any of the three accepted approaches, and another was based on only one approach without considering and rejecting ...

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