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Nonsuit dismissal questioned by plaintiff’s bar (access required)

Virginia plaintiffs’ lawyers are rallying in hopes of overturning the decision of a Loudoun County judge who dismissed a personal injury action as untimely because the damage claim was higher than in a previous nonsuited action. “This decision has got people sitting up and taking notice. It’s frightening,” said John E. Davidson, a plaintiffs’ lawyer who ...

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One comment

  1. If changing the ad damnum is a new case, then does that not inversely affect the first “nonsuit of right” under VA Code Sec. 8.01-380? By adding counts or changing the addendum, making it a “new suit” within the statute of limitations period, do I not get to nonsuit it each time I change the amount sued for?

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