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Tag Archives: Civil Practice

Biopsy slide photos not discoverable (access required)

Where defendant doctor’s counsel in this medical malpractice case directed her to photograph plaintiff’s biopsy slides, the photos are attorney work product. Plaintiff alleges that defendants misdiagnosed her with a specific cervical cancer, for which she received treatment. While deposing ...

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Forum-selection clause enforced in warranty suit (access required)

Although the Virginia-based purchaser of a motorhome argued he would be “deprived of his day in court” or his ability to pursue claims under Virginia’s lemon-law if the forum-selection clause was enforced to transfer the case to Indiana, neither argument ...

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Breaching party enjoined from efforts to thwart collection (access required)

Where a company has evaded paying damages stemming from its breach of a licensing agreement, an anti-clawback injunction preventing collected funds from being sent to the United Kingdom was within the court’s authority, respected comity and was procedurally sound. A ...

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HUD landlord’s unlawful detainer claim dismissed (access required)

A subsidized housing landlord’s unlawful detainer action to evict a tenant is dismissed because the notices required by the U.S. Department of Housing and Urban Development were deficient. Further, the indigent tenant was not required to post an appeal bond ...

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Issue presented on appeal not raised in trial court (access required)

Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, ...

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Reporter covered by qualified privilege; subpoena quashed (access required)

A reporter may assert the qualified reporter privilege in response to a subpoena to compel her testimony in this defamation case. Her motion to quash the subpoena is granted. The reporter has obtained confidential and nonconfidential information during her investigation ...

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Jury gets negligence and causation issues (access required)

In these consolidated cases involving multiple vehicle collisions in a construction zone, the issues of negligence, proximate cause and superseding intervening causation will go to the jury. Overview Defendant Lakeside employed Mathis, who was driving the lead vehicle. Plaintiff Gregory ...

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Maintenance contract not subject to motion craving oyer (access required)

Where a maintenance contract was referenced in the complaint, a motion craving oyer of the contract is denied. Oyer developments Plaintiff referenced a maintenance contract in a complaint against a homeowners association and other defendants. PLM, a maintenance contractor and ...

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Subpoena dispute involving Twitter is transferred (access required)

The disposition of a nonparty subpoena to Twitter issued in a defamation action in the Eastern District of Virginia was transferred to that court because decisions on motions to quash are intertwined with the underlying matter, transfer avoids inconsistent results ...

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Choice-of-law question gets interlocutory review (access required)

The decision that a choice-of-law provision in plaintiffs’ loan agreements with tribal officials would violate Virginia’s public policy against unregulated usurious lending was certified for immediate interlocutory appeal. It was a controlling question of law upon which there was no ...

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