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Author Archives: Deborah Elkins

Negligence – Premises Liability – Expert Testimony (access required)

In this negligence action involving repairs by a landlord, a Richmond Circuit Court says the three experts designated by plaintiff may not opine on whether the facts and circumstances in the case are violations of the cited building codes. During ...

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Administrative – Sovereign Immunity – Venue – COPN (access required)

A Richmond Circuit Court will not dismiss this agency appeal on respondent’s claim of sovereign immunity, but will transfer the matter to Spotsylvania County Circuit Court. Under Va. Code § 8.01-261(1), the parties focus their contentions on the provision that ...

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Employment – Contract – Novation – Craving Oyer (access required)

A former executive with Brown Distributing Company seeking additional compensation the company allegedly owes him can’t get the company’s counterclaim for declaratory relief dismissed, but he is entitled to any writing the company alleges embodies their overall agreement, in response ...

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Real Estate – Quantum Meruit Claim for Rent (access required)

A Norfolk Circuit judge says the city states claims for implied contract and quantum meruit against the occupant of an arcade, whose owner assigned its rent payments to the city, on allegations that the occupant discussed paying rent, continued to ...

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Domestic Relations – Termination Of Parental Rights – Drug Use (access required)

The Court of Appeals upholds termination of a mother’s parental rights to her four children who were removed from the home after the mother tested positive for cocaine and the children were found wandering around the apartment complex without adult ...

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Criminal – Batson Claim – Juror Demeanor (access required)

At defendant’s second-degree murder trial, the trial court did not err in accepting as race-neutral a peremptory strike of a Caucasian juror based on her “long stares” at defendant, and the Court of Appeals upholds defendant’s convictions. The record does ...

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