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Tag Archives: Judge Penney S. Azcarate

No preclusive effect for adverse ruling in prior defamation case (access required)

A British defamation case, in which the court concluded that a newspaper’s characterization of plaintiff as a “wife beater” was “substantially true,” cannot be given preclusive effect in plaintiff’s defamation case in this court against defendant. Defendant’s plea in bar, ...

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Defendant lacks legal obligation to plaintiff in collection case (access required)

Defendant is entitled to summary judgment in this collection case because plaintiff has produced no evidence of any legal obligation between defendant and the entity that defaulted on loans obtained from plaintiff. Facts Plaintiff FVCBank has sued defendant Transform Holdco ...

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Negligence claim against decedent’s wife dismissed (access required)

Where plaintiff sued decedent’s estate, alleging the decedent sexually abused him, a negligence claim against decedent’s wife based on theories of employer-employee, business proprietor-invitee and custodial supervision, the wife’s demurrer is sustained with prejudice. Allegations Plaintiff sued Virginia Music Adventures, ...

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Immunity denied over lab tests in med-mal action (access required)

Doctors who hoped to use the lab-test-immunity provision of Virginia’s medical malpractice law failed to make their case, a Fairfax County circuit judge has ruled. The decision revives attention to a compromise statute hammered out in 2006 following two conflicting ...

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Doctor prevails in botched hand surgery claim Defense Verdict (access required)

On August 15, 2012, plaintiff, a 23-year-old female, sustained a deep slice to her left thumb while working as a bartender. After initial care at the emergency department, the plaintiff underwent primary flexor tendon and nerve repair by the defendant ...

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