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Tag Archives: Judge Mark Davis

Suit alleging indifference to inmate goes forward (access required)

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 (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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