Civil Remedies And Procedure
Virginia 2011 Regular Session
Remedies; increases cap on recovery in certain medical malpractice actions. [SB-771]
Remedies; limitation on recovery in certain medical malpractice actions. Increases from $2 million to $2.05 million, on July 1, 2012, the cap on the recovery in actions against health care providers for medical malpractice. Thereafter, the cap is increased by $50,000 annually with the last increase on July 1, 2031.
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Gettr Virginia 2011 Regular Session
Adverse possession; abolition. [SB-67]
Adverse possession; abolition. Abolishes adverse possession as a cause of action or a defense if arising on or after July 1, 2010.
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Virginia 2011 Regular Session
Uniform Arbitration Act; vacating arbitration award. [SB-156]
Uniform Arbitration Act; vacating arbitration award. Clarifies that a party may seek to vacate an award made pursuant to an arbitration proceeding where there was no agreement to arbitrate and the party raised an objection to the arbitration, regardless of whether an arbitration agreement had previously been found to exist. This bill is a recommendation of the Boyd-Graves Conference.
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Virginia 2011 Regular Session
Medical services; State's lien for payment. [SB-155]
Commonwealth's lien for payment of medical services; limitations. Provides that a lien granted to the Commonwealth against any recovery from a third party obtained by an injured person whose medical costs were paid pursuant to the Virginia Medical Assistance Program shall only attach to the portion of the claim representing compensation for medical expenses incurred by the injured person. In the course of determining the amount of the Commonwealth's lien, a court may determine the fairness of any allocation of the proceeds from a claim for medical
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Virginia 2011 Regular Session
Medical malpractice; privileged communications of certain committees. [SB-1469]
Medical malpractice; privileged communications of certain committees. Provides that nothing in the statute governing privileged communications of certain health committees shall be construed as providing any privilege to any health care provider, emergency medical services agency, community services board, or behavioral health authority with respect to any factual information regarding specific patient health care or treatment, including patient health care incidents, whether oral, electronic, or written. However, the analysis, findings, conclusions,
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Virginia 2011 Regular Session
Sovereign immunity; State, etc., have appeal right to Supreme Court of any order denying a plea. [SB-1381]
Interlocutory appeal; sovereign immunity. Provides that the Commonwealth or any agency, instrumentality, political subdivision, or agent or employee thereof, have an appeal of right to the Supreme Court of Virginia of any order denying a plea of sovereign immunity entered in a civil action prior to the commencement of trial.
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Virginia 2011 Regular Session
Medical malpractice action; plaintiff must provide defendant certification form within so many days. [SB-1330]
Medical malpractice actions. Changes from 10 business days to 21 days the number of days after receipt of written request of a defendant in which the plaintiff must provide the defendant with a certification form that affirms that the plaintiff had obtained the necessary certifying expert opinion at the time service was requested or affirms that the plaintiff did not need to obtain a certifying expert witness opinion. The bill further provides that this certification form is not necessary if the complaint, counter claim, or third party claim contains
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Virginia 2011 Regular Session
Fraud Against Taxpayers Act; repeals certain authority of Attorney General. [SB-1314]
Virginia Fraud Against Taxpayers Act. Repeals the authority of the Attorney General to issue civil investigative demands.
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Virginia 2011 Regular Session
Va. Fraud Against Taxpayers Act; designee of Attorney General may issue civil investigative demands. [SB-1262]
Virginia Fraud Against Taxpayers Act. Provides that a designee of the Attorney General may issue civil investigative demands. The bill also provides that information obtained by the Attorney General or his designee pursuant to the issuance of a civil investigative demand may be shared with any qui tam relator if the Attorney General or his designee determines that such information is necessary as part of any false claims investigation. In addition, the bill changes the elements of offenses that make persons liable to the Commonwealth under the Act.
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Virginia 2011 Regular Session
Medical services; State's lien for payment. [SB-1241]
Commonwealth's lien for payment of medical services; limitations. Provides that a lien granted to the Commonwealth against any recovery from a third party obtained by an injured person whose medical costs were paid pursuant to the Virginia Medical Assistance Program shall only attach to the portion of the claim representing compensation for medical expenses incurred by the injured person. In the course of determining the amount of the Commonwealth's lien, a court may determine the fairness of any allocation of the proceeds from a claim for medical
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Virginia 2011 Regular Session
Personal jurisdiction or defective process; waiver of objection. [SB-1209]
Special appearance; waiver of objection to personal jurisdiction or defective process. Delineates what affirmative conduct on the part of a party constitutes a waiver of any objection such party may have to personal jurisdiction or defective process and what conduct does not constitute such a waiver. This bill is a recommendation of the Boyd-Graves Conference.
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Virginia 2011 Regular Session
Subpoenaed nonjudicial records; party requesting is liable for charges. [SB-1169]
Nonjudicial records; costs. Provides that the party requesting a subpoena or on whose behalf an attorney-issued subpoena duces tecum was issued for nonjudicial records is liable for the reasonable charges of the Commonwealth or of any political subdivision or agency of the Commonwealth, including searching, copying, and mailing the items produced.
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Virginia 2011 Regular Session
General registrar, electoral board, and their employees; exemption from jury service. [SB-1156]
Exemption from jury service; general registrar, electoral board, and their employees. Provides that any general registrar, local electoral board member, or person appointed or employed by a general registrar or local electoral board, except officers of election, shall be exempt from jury service upon his request. This exemption applies only to jury service starting (i) during the period beginning 90 days before any election and continuing through election day; (ii) during the period to ascertain the results of the election and continuing for 10
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Virginia 2011 Regular Session
Sexual abuse; limitations period. [SB-1145]
Torts; sexual abuse; limitations period. Extends the limitations period for actions for sexual abuse committed during the infancy or incapacity of the abused person from two years to 20 years from the time of the removal of the infancy or incapacity or from the time the cause of action otherwise accrues.
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Virginia 2011 Regular Session
Judgment lien; court shall not decree real estate to be sold to enforce. [SB-1120]
Court's jurisdiction to enforce judgment lien through sale of real estate. Provides that a court shall not decree real estate to be sold to enforce a judgment lien if (i) such real estate is used as the owner's primary residence, (ii) such owner has an annual household gross income below $59,000, and (iii) the value of such real estate is not greater than $150,000 based upon the most recent tax assessment. However, this exception shall not apply if the judgment at issue was rendered against the owner of the real estate for the commission of an
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Virginia 2011 Regular Session
Psychological tests; court may, upon motion, seal test received in evidence. [SB-1089]
Sealing psychological tests received into evidence. Provides that a court may, upon motion, seal a psychological test or other assessment device received into evidence if the moving party establishes that (i) the value of the psychological test or assessment device depends in whole or in part on the subject lacking knowledge of the testing or assessment process and (ii) public access to such test or assessment device would compromise the objectivity, fairness, or integrity of the testing or assessment process. Such motion may be brought by either
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Virginia 2011 Regular Session
Uniform Commercial Code; prohibits inclusion in a sales agreement. [HB-699]
Uniform Commercial Code; sales; consequential damages. Prohibits the inclusion in a sales agreement of a provision that would limit or exclude, as consequential damages, the buyer's ability to recover the costs of repairing or completing work necessitated by defective materials or workmanship.
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Virginia 2011 Regular Session
Minors; name change presumed to be in minor's best interest. [HB-372]
Name change; minors. Provides that a name change for a minor shall be presumed to be in the minor's best interest if the change creates a hyphenated last name combining the surnames of the minor's parents in order to help the minor identify with both parents.
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Virginia 2011 Regular Session
Offers of judgment; costs. [HB-310]
Offers of judgment; costs. Provides that a party defending a claim may serve upon an adverse party not less than 10 days before trial an offer to allow judgment to be taken against him on specified terms, including the costs then accrued. An offer of judgment may also be made by a party whose liability to another has been determined, but where the extent of his liability is to be determined in a subsequent proceeding. If the offer is accepted, the court shall enter the judgment. If the offer is not accepted, and the adverse party does not obtain
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Virginia 2011 Regular Session
Summary judgment; documents that can serve as basis for motion. [HB-309]
Summary judgment; documents that can serve as basis for motion. Allows motions for summary judgment to be based, in whole or in part, upon pleadings, depositions, answers to interrogatories, answers to requests for admissions, or affidavits filed in the suit or action.