Plaintiffs have scored another win in the battle over nursing home arbitration contracts. In the most recent trial court ruling, a Norfolk judge denied a rehabilitation facility’s bid to arbitrate – not just the underlying medical claim – but also ...

Tagged with: Judge Junius P. Fulton III Norfolk Circuit Court

Plaintiff’s decedent was a 29-year-old woman who presented to the emergency department at DePaul Medical Center with flu-like symptoms. Her oxygen saturation was noted to be 88 percent on admission and 90 percent at the time of discharge. The decedent ...

Tagged with: Judge Junius P. Fulton III Medical Malpractice Norfolk Circuit Court Wrongful Death

In this suit by an LLC, the Norfolk Circuit Court says plaintiff has failed to allege that defendants had a legal obligation to make capital contributions and thus their failure to make the capital contributions was not a wrongful act ...

Tagged with: Contract Judge Junius P. Fulton III Norfolk Circuit Court Virginia Circuit Courts

In plaintiff subcontractor’s suit against the general contractor and its payment surety under the Virginia Public Procurement, or “Little Miller Act,” the Norfolk Circuit Court says it will not consider as support for defendants’ summary judgment motion a USPS tracking ...

Tagged with: Contract Judge Junius P. Fulton III Norfolk Circuit Court Virginia Circuit Courts

A plaintiff who described in detail his vehicle being struck by a vehicle towing a trailer that suddenly turned into plaintiff’s lane, but who said he barely felt a second vehicle slide into the rear of his car, cannot sue ...

Tagged with: Judge Junius P. Fulton III Negligence Norfolk Circuit Court Virginia Circuit Courts

In plaintiff’s contract action against an individual and two corporate defendants, none of whom filed a grounds of defense, but in which the individual defendant appeared on the initial return date, the Norfolk Circuit Court says the individual defendant’s request ...

Tagged with: Contract Judge Junius P. Fulton III Norfolk Circuit Court Virginia Circuit Courts

The federal Patient Safety Act privilege covers email communications between defendant doctor and the hospital’s designated patient safety officer, even if the emails were never actually sent to a “patient safety organization,” and the Norfolk Circuit Court denies plaintiff’s motion ...

Tagged with: Judge Junius P. Fulton III Medical Malpractice Norfolk Circuit Court Virginia Circuit Courts

A new front has opened up in the discovery fights in Virginia medical malpractice cases. Lawyers still skirmish over production of hospital policies and procedures and risk management reports. But now they are also battling over the scope of a ...

Tagged with: Judge Junius P. Fulton III Medical Malpractice Norfolk Circuit Court

A Norfolk Circuit Court denies the city of Norfolk summary judgment in its effort to thwart a referendum on the city’s rezoning of land to allow the Episcopal Diocese of Southern Virginia to sell property around the historically significant Talbot ...

Tagged with: Judge Junius P. Fulton III Norfolk Circuit Court Virginia Circuit Courts Zoning

A woman whose son died in 2007, but who did not discover until she received a 2009 autopsy report that her son’s eyes had been removed despite an alleged lack of consent to organ donation, cannot sue new defendants, a ...

Tagged with: Judge Junius P. Fulton III Negligence Norfolk Circuit Court Virginia Circuit Courts