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Author Archives: Deborah Elkins

Civil Procedure – Rule 59 Motion – CM/ECF Notice – Lawyer’s Computer Troubles (access required)

A lawyer whose computer troubles kept him from receiving electronic notice through a federal court’s CM/ECF system that his opponent had filed a motion for summary judgment, cannot get the trial court’s denial of post-judgment relief for his client reversed ...

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Admiralty – Jones Act – Piercing Corporate Veil (access required)

An admiralty case washes ashore in Goochland County, and the Goochland County Circuit Court sustains defendant’s demurrer to plaintiff’s claim seeking relief on a theory of piercing the corporate veil, overrules defendant’s special plea of the Jones Act, and says ...

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Insurance – Duty To Defend – CGL Policy – Construction Dispute (access required)

A Newport News Circuit Court grants summary judgment to plaintiff insurance carrier, declaring that a CGL policy does not cover a suit filed by a physician who is suing a builder for alleged construction defects in remodeling of the physician’s ...

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Contract – Noncompete – Stock Purchase Agreement (access required)

A Hanover County Circuit Court refuses to enforce a noncompete defendant signed as part of a stock purchase agreement; the noncompete is overbroad, as it forbids defendant’s employment by “any business competitive with” plaintiff employer “in areas where [employer] has ...

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Domestic Relations – Adultery – Cruelty – GPS Tracking (access required)

After review of extensive depositions and other evidence in this case, a divorce court concludes husband lacks sufficient evidence to prove adultery by clear and convincing evidence, and wife’s allegation of instances where husband pulled her out of bed by ...

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Products Liability – Chinese Drywall – Warranty Claims – Economic Loss Rule (access required)

In these consolidated lawsuits against builder/developer defendants and manufacturer/supplier defendants, alleging use of defective Chinese drywall, a Norfolk Circuit Court overrules defendants’ demurrers to plaintiffs’ claim for breach of implied warranties and demurrer citing the economic loss rule as a ...

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Domestic Relations – Equitable Distribution – Marital Home – Husband’s Bankruptcy (access required)

Although a bankrupt husband sold his tenant-in-common interest in the marital home to wife, he still gets a share of the equity in the home, says a Norfolk Circuit Court. The issue presented is whether husband is entitled to claim ...

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