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Tag Archives: Judge Mark Davis

Malpractice, negligence counterclaims fail under Virginia law (access required)

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 (access required)

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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Policyholder’s constructive fraud claim dismissed (access required)

Where the policyholder failed to establish Travelers owed it a duty independent of any alleged contractual duty, and simply pointed to the general duty under Virginia law to not commit actual, willful fraud, its constructive fraud claim was dismissed. Background ...

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No immunity for prison officials over inadequate medical care (access required)

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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Agreement gave arbitrator power to decide what issues must be arbitrated (access required)

Where an agreement contained a provision that required one party to submit all claims over $1,000 to arbitration but allowed the other party to pursue certain claims in court, and gave the arbitrator right to what disputes should go to ...

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