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Tag Archives: Judge David A. Oblon

Nonsuit should come at start of de novo trial (access required)

A personal injury plaintiff can file a motion for nonsuit after commencement of the circuit court trial, which will annul the district court judgment and rulings. Background Mee Kim filed a personal injury action. The Fairfax general district court sustained ...

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Bon Mots: July 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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Va. Cir.: Family members can recover for wrongful fetal death (access required)

The Virginia Wrongful Death Act permits the distribution of damages to statutory beneficiaries of a fetus beyond only the natural mother. Background Plaintiff Ampara Lopez Healey lost her baby toward the end of her pregnancy, resulting in a stillborn birth. ...

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Va. Cir.: Defendants can plead guilty to crimes they didn’t commit (access required)

Even if he factually did not commit a charged offense, a criminal defendant may plead guilty to avoid potential conviction of a more serious crime or imposition of a worse sentence. Courts considering such pleas should require the defendant to assert ...

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