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Tag Archives: Judge Mark Davis

Suit alleging indifference to inmate goes forward

Where it was alleged by a deceased inmate’s administrator that jail and medical personnel ignored information suggesting the inmate had a serious opioid heroin addiction, suffered from withdrawal symptoms and needed immediate medical treatment, and that their deliberate indifference led ...

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Malpractice, negligence counterclaims fail under Virginia law

A policyholder could not allege its insurer was liable for professional malpractice through the actions of defense counsel because that claim is not recognized under Virginia law. To the extent the policyholder alleged the carrier was negligent, because that claim ...

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Disputed terms in patent challenge resolved after Markman hearing

Following a Markman hearing, 18 disputed terms in a patent challenge involving medical devices intended primarily for use in spinal surgery were construed, with the majority of terms given their plain and ordinary meaning. Background At issue in this case ...

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No immunity for prison officials over inadequate medical care

Where necessary and effective medical treatment was a right clearly established in the law, the complaint plausibly alleged there was “no medical reason” to withhold treatment;  nor was there grounds for dismissal based on qualified immunity. Background Plaintiff’s complaint, filed ...

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