Virginia: Brain Injury – a Lawyer’s Strike

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On February 24, 2012, the Virginia Supreme Court entered Order in the brain injury appeal of Burns v. Gagnon, No. 110754, granting Gagnon’s Motion to Strike re Section 1 of Burns’ 12/5/11 Reply Brief. Gagnon asserted that procedurally Burns had exceeded the permissible scope of replying, and that substantively Burns had no factual or legal basis for that section; and by Response filed on February 21, 2012, Burns belatedly withdrew his argument in Section 1 and consented to the Court striking it.

Burns v. Gagnon is a 2010 crime victim case in which a Gloucester jury awarded Mr. Waterman’s client approximately $6,100,000.00 for an assault and battery on school premises and hours. Oral argument before the Court in Richmond on the merits is scheduled for one hour on Leap Day, February 29, 2012.