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A social worker who inadvertently destroyed treatment records that were necessary to a criminal defendant's preparation for trial could be deposed as a remedy for that inadvertent but unlawful destruction, the Supreme Judicial Court has ruled. The social worker interviewed a 6-year-old (“Jonathan”) who made claims that the defendant had sexually abused him on numerous
Where (1) a plaintiff brought a wrongful death action alleging medical malpractice against a physician who worked for a federally funded health center and (2) the United States moved to substitute itself as a defendant in the physician’s place, a judge’s decision to allow that motion should be reversed and a remand ordered for a
Civil Practice Appellant’s statute of limitations issue cannot be reached because she did not file a transcript or a statement of facts pertaining to the trial court hearing. Depaz v. The Council of Co-Owners of the Westerlies Condominium Ass’n, Record No. 0228-22-4, Oct. 25, 2022. CAV (per curiam) From the Circuit Court of Fairfax County ...
On a prior appeal in this dispute over the capital account of a limited liability company, we calculated the amount due to plaintiff under a referee’s report ($85,174.50), and we remanded for further proceedings. It was within the trial court’s discretion to accept or reject the referee’s late-filed amendment to his report, and the trial ...
On a previous appeal, this court vacated and remanded an award of attorney’s fees for further findings as to the reasonableness and amount of the award. On remand, the trial court found (1) the number of hours defense counsel spent on the matter, (2) that the time spent was reasonable, (3) that defense counsel possessed ...