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Tag Archives: Judge Michael F. Urbanski

Judge: Infant settlement terms must be public (access required)

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Litigants settling a child’s medical malpractice claim cannot keep the terms secret under Virginia law that requires a judge’s approval of the compromise, a circuit judge has ruled. The decision underscores transparency principles established in a 2008 Virginia Supreme Court ...

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Vehicle stop for ‘flipping the bird’ is unconstitutional (access required)

Displaying the middle finger to a police officer was an insufficient reason for a vehicle stop, and where no other lawful reason for the stop existed, the officer was not entitled to immunity and judgment was entered in the passenger’s ...

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Question of officer’s liability for shooting goes to jury (access required)

A jury will decide if the fatal shot to decedent came from a distance or close range. However, two retired police officers named as plaintiff’s experts must persuade the court that they have sufficient expertise to render an opinion as ...

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‘Surface water’ exclusion applies to water pooled on roof (access required)

The court agreed with the majority of courts around the country that, in an insurance contract exclusion for “surface water,” that term includes water on a roof. Because the property damage claim arose from water that ponded on the insured’s ...

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Prevailing party in coal shipping dispute entitled to relief (access required)

The prevailing party in a breach of contract case involving the shipping of coal is excused from future performance because of the defendant’s breach. But it was not entitled to rescission because the defendant partially performed and there was no ...

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Staffer who listened to prosecutor, magistrate gets immunity (access required)

Where an investigator with the sheriff’s office did not cause arrest warrants on dog theft and obstruction of justice charges to be issued he was insulated from liability. And where he relied on the opinion of the commonwealth’s attorney and ...

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Good faith exception rescues invalid GPS warrant affidavits (access required)

Where affidavits for GPS tracking devices issued in a narcotics case included no corroborating facts, they lacked sufficient information to establish probable cause. However, because the officers had information that was “inadvertently” omitted from the affidavits, there was no showing ...

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