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Tag Archives: Justice William C. Mims

Obstructive act before accrual tolls statute of limitations (access required)

An obstructive act, in this case misrepresenting the value of stock, which occurred before an action for  conversion accrued, tolled the statute of limitations. The stock Appellant Mackey, a law partner in Dodson, Pence, Viar, Woodrum, and Mackey, left the ...

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Commonwealth’s attorney not immune from defamation claim (access required)

A commonwealth’s attorney can be sued for defamation because the complained-of statements, his explanation of why he fired a long-time employee shortly after he took office, are not covered by absolute quasi-judicial immunity. Background Baker, the appellee in this case, ...

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Court says prosecutor has exposure to defamation claim (access required)

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A newly elected commonwealth’s attorney who allegedly maligned a former staffer at a public gathering does not have prosecutorial immunity to the staffer’s defamation claim, the Supreme Court of Virginia decided this month. The justices’ ruling revives a lawsuit against ...

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Pre-surgery loss-of-use rating determines benefits (access required)

Where appellant’s loss-of-use rating was 74 percent before his hip replacement surgery, workers’ compensation benefits must be based on that percentage, and not his postsurgical loss-of-use rating of 11 percent. The Court of Appeals correctly affirmed the Virginia Workers’ Compensation ...

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COA’s interpretation of hit-run statute vacated (access required)

The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should ...

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Infectious death case incorrectly dismissed (access required)

Where plaintiff’s experts testified that had defendant doctors promptly diagnosed and treated the pregnant decedent’s infection she might not have died, this evidence was sufficient to survive defendants’ motion to strike at trial. The trial court erred by granting the ...

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