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Tag Archives: Chief Justice Donald W. Lemons

Professional discipline is usable for impeachment (access required)

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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 (access required)

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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 (access required)

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 (access required)

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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Making motions (access required)

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Even though Virginia’s chief justice has questions about the practice, lawyers and judges say having different judges handle various aspects of a case is a system that works in busy courthouses. The subject came up at a May 8 meeting ...

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High court, 4-3, approves ‘rehabilitated’ med-mal juror (access required)

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The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

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