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Author Archives: Deborah Elkins

Civil Procedure – Jurisdiction – Legal Notice Publication (access required)

Newspapers that meet the requirements of Va. Code § 8.01-324(A) may be used for legal notices and publications; no court ruling is necessary, says a Norfolk Circuit Court as it dismisses Dow Jones’ petition for lack of subject matter jurisdiction. ...

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Contract – Mechanic’s Lien – Land Records Filing (access required)

In this complaint seeking to enforce a mechanic’s lien, a Norfolk Circuit Court denies summary judgment to defendant owner even though the mechanic’s lien at issue was not filed in the circuit court land records, but served directly on defendant. ...

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Contract – Conditions Precedent – AIA Standard Agreement (access required)

Where the clear language of the parties’ contract creates a condition precedent requiring the submission of claims to the architect before litigation is initiated by the complaining party, a Culpeper Circuit Court dismisses this complaint against defendant Culpeper Memorial Hospital. ...

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Attorneys – Sanctions – Indemnification (access required)

In this litigation arising from a corporate transaction, a Charlottesville Circuit Court denies a motion for sanctions under Va. Code § 8.01-271.1; because the case never went to trial, the court could not determine conclusively whether the entire transaction was ...

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Nursing home can’t compel arbitration (access required)

A Chesapeake nursing home cannot compel arbitration of a comatose patient’s claim that she was sexually molested by a staff member, a Norfolk Circuit judge has ruled, setting the stage for trial of the patient’s $28 million lawsuit. The nursing ...

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Civil Procedure – Nursing Home Assault – Venue – Arbitration (access required)

A Norfolk Circuit Court denies a motion to transfer venue to Chesapeake in this suit arising from a sexual assault on a patient at the Chesapeake Health & Rehabilitation Center, as defendant Medical Facilities of America’s management role in Norfolk ...

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Administrative – Firearm Purchase – Assault On Wife – Dec Action (access required)

The Court of Appeals transfers to the Supreme Court of Virginia appellant’s declaratory judgment action requesting a ruling that his prior misdemeanor conviction for assault and battery on his wife under Va. Code § 18.2-57.2 did not disqualify him from ...

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Administrative – Environmental – Inspector License – Fraudulent Emissions Tests (access required)

The Court of Appeals upholds revocation of appellant’s license as an automobile emissions inspector by the Department of Environmental Quality as the penalty for conducting fraudulent emissions tests. Appellant claims DEQ’s decision lacks a foundation in substantial evidence and DEQ ...

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